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SECTION . Section 16-3-1130(3) of the 1976 Code, as amended by Section 1 of Act 181 of 1989, is further amended to read:

"(3) The field representative conducting the investigation shall file with the deputy director a written report setting forth a recommendation and his reason for the recommendation. The deputy director shall render a written decision and furnish the claimant with a copy of the decision."

SECTION . Section 16-3-1140 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"Section 16-3-1140. (1) The claimant may, within thirty days after receipt of the report of the decision of the Deputy director, may make an application in writing to the Deputy director for review of the decision.

(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy director shall forward all relevant documents and information to the chairman of the Crime Victim's Advisory Board. The chairman shall appoint a three-member panel of the board which shall review the records and affirm or modify the decision of the Deputy director; provided, that the chairman may order, in his discretion, that any particular case must be heard by the full board. If considered necessary by the board or its panel or if requested by the claimant, the board, or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The board or its panel shall render a decision within ninety days after completion of the investigation. The action of the board or its panel is final and nonappealable. If the Deputy director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the Victim's Compensation Fund.

(3) The board or its panel, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.

(4) The Deputy director shall within ten days after receipt of the board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made."

SECTION . Section 16-3-1150 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the deputy director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the deputy

SECTION . Section 16-3-1200 of the 1976 Code is amended to read:

"Section 16-3-1200. In determining the amount of an award, the Deputy director, the board, or its panel shall determine whether because of his conduct the victim or intervenor of such crime contributed to the infliction of his injury, and the Deputy director, the board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with such determination; provided, however,. However, the Deputy director, the board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor as set forth in subsection (8) of Section 16-3-1110.

SECTION . Section 16-3-1230(3) of the 1976 Code is amended to read:

"(3) Claims must be filed in the office of the Deputy director by mail or in person. The Deputy director shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and meeting the requirements as to the form of the claim contained in the regulations of the board."

SECTION . Section 16-3-1300 of the 1976 Code is amended to read:

"Section 16-3-1300. Any award made under this article must be paid in accordance with the discretion and decision of the Deputy director as to the manner of payment, subject to the regulations of the board and not inconsistent with the board's or panel's award. No award made pursuant to this article is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. In every case providing for an award to a claimant under this article, the Deputy director, the board or its panel may, if in its opinion the facts and circumstances of the case warrant it, convert the award to be paid into a partial or total lump sum, without discount."

"Section 16-3-1340. A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney must be paid from the Victim's Compensation Fund, subject to the approval of the director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the approval of the board or its panel hearing the appeal. Attorneys for the South Carolina Workers' Compensation Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article.

Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Deputy director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction must for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment."/

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 40-6-180 of the 1976 Code, as amended by Section 859 of Act 181 of 1993, is further amended to read:

"Section 40-6-180. No license may be denied, suspended, or revoked, and no other disciplinary action against a licensee may be taken, until after fifteen days' notice has been given in writing to the licensee or applicant stating the ground of the proposed action and until a public hearing has been held at which he shall have opportunity to be heard, present testimony in his behalf, and be confronted by witnesses against him, if he requests the hearing. The commission, in its discretion, may grant the accused a temporary permit to auction pending the hearing and determination. Determinations must be made and the licensee or applicant notified of them within five days after the hearing. Any auctioneer notified of a suspension may request a rehearing within twenty days from the date of notification of determination. Upon a rehearing and continued denial, suspension, or revocation of license, or other disciplinary action, or upon a refusal for rehearing, the party is entitled to appeal his case to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 (the Administrative Procedures Act). The commission or its authorized representatives may subpoena witnesses and documents for any hearing and may administer oaths to the witnesses.

(B) Every licensee or applicant aggrieved by a decision of the commission in denying, suspending, or revoking any license or in issuing reprimands or fines provided under the provisions of this chapter may appeal from the decision of the commission to an administrative law judge as provided under Article 5, Chapter 23 of Title 1."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. J. HARRIS and JENNINGS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20773SD.94), which was adopted.

Amend the bill, as and if amended, by adding new appropriately numbered SECTIONS to read:

SECTION . Section 1-30-10(A) of the 1976 Code, as added by Section 1 of Act 181 of 1993, is amended by adding at the end:

"20. Department of Cultural and Informational Resources".

SECTION . 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 60;

(3) State Library Board, formerly provided for in Chapter 1, Title 60; and

(4) Commission of Archives and History, formerly provided for in Chapter 11, Title 60."

SECTION . 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; and

(4) State Library 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, and the South Carolina State Library Board 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.

(C) The Division of Archives and History, the State Library Division, and the State Museum Division are hereby required to do and perform all acts and to have any boards or committees that may be necessary and proper for these divisions to qualify for receipt of federal funds or to be in compliance with relevant federal regulations. Such boards and committees shall be established by the Governor upon recommendation of the department and applicable division with those members and for those terms as the Governor shall provide. Such boards and committees may act only as a conduit, surrogate, or auxiliary for the department and its appropriate divisions and may not exercise any sovereignty of the State unless authorized to do so by the General Assembly by law.

(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. The deputy directors of the divisions of the department shall have those qualifications, if any, as provided by law.

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 Deputy Director of the Arts Division must have a bachelor's degree, preferably in an arts related field, the liberal arts, business, or public administration and four years experience in administration preferably in an arts related field.

Section 60-17-330. 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;

(4) do such other things as may be necessary to carry out the provisions of this article.

Section 60-17-340. 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 60-17-350. 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 60-17-360. There is hereby created the South Carolina Arts Council, composed of nine members, representative of all fields of the creative and interpretive arts, to be appointed by the Governor upon the advice and consent of the Senate, from among private citizens who are widely known for their professional competence, expertise, and experience in connection with the interpretive and creative arts.

The terms of office of each member shall be three years and until his successor has been appointed and qualifies, except that of the members first appointed, three shall be appointed for terms of one year, three for terms of two years, and three for terms of three years, the initial terms of each member to be designated by the Governor when making the initial appointments. Vacancies shall be filled in the manner of original appointment for the remainder of the unexpired term. After serving two consecutive terms, no member of the council shall be eligible for

The functions of the council shall be to oversee and to have final, nonreviewable authority in awarding state and federal grants and fellowships in the arts from funds available to the Arts Division for this purpose, and to advise the department director in policy and planning for the Arts Division.

The members of the Arts Council shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees to be paid from Arts Division funds.

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. The Deputy Director of the State Museum Division, at the time of his appointment, shall have a master's degree in a field related to the disciplines of the museum and shall have ten years of museum experience, including four years of administrative experience.

Section 60-17-630. 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) control the expenditure as provided by law of public funds appropriated to the division;

(4) accept gifts, bequests, and endowments for purposes consistent with division objectives;

(5) report annually 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 division's objectives.

Section 60-17-640. There is created the Collection Review Board of the State Museum Division, composed of eleven members appointed by the Department Director, with the advice of the Division Deputy Director. The terms of the members shall be coterminous with that of the Governor in office at the time of their appointment and they shall serve until their successors are appointed and qualify.

The functions of the Collection Review Committee shall be to oversee and to have final, nonreviewable authority in implementation of the collection management policy of this State Museum Division. The Collection Review Committee may revise the policy as they consider necessary.

Section 60-17-910. This article may be cited as the South Carolina Archives Act.

Section 60-17-920. The Deputy Director of the Division of Archives and History, at the time of his appointment, must be a professional historian, archivist, or historic preservationist with substantial experience in managing a public or private nonprofit historical agency.

Section 60-17-930. 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

Section 60-17-940. 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) control the expenditure in accordance with law of such public funds as may be appropriated to the department;

(3) accept gifts, bequests, and endowments for purposes consistent with the objectives of the division;

(4) make annual reports to the General Assembly of the receipts, disbursements, work, and needs of the division; and

(5) adopt policies designed to fulfill the duties and attain the objectives of the division as established by law.

Section 60-17-950. 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 60-17-960. 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 60-17-970. 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 60-17-980. 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

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