Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 4670, Apr. 19 | Printed Page 4690, Apr. 19 |

Printed Page 4680 . . . . . Tuesday, April 19, 1994

Article 9

State Library Division

Section 60-17-1210. There is created the South Carolina State Library governed by the State Library Division of the Department of Cultural and Informational Resources.

Section 60-17-1220. The Director of the Department of Cultural and Informational Resources shall appoint the deputy director for the State Library to serve as the administrative head of the State Library Division. The deputy director shall:

(1) hold a degree from a graduate library school accredited by the American Library Association and must be eligible for a South Carolina professional librarian's certificate; and

(2) have at least ten years of library experience including at least four years in library administration.

Section 60-17-1230. To implement this article, the Director of the Department of Cultural and Informational Resources, acting through the State Library Division:

(1) shall determine policy for providing library and information services to state government, South Carolina libraries, and the citizens of the State;

(2) shall develop and adopt long range plans for the continued improvement of library services in the State;

(3) shall prescribe standards of service for South Carolina libraries as may be necessary to carry out the provisions of this article;

(4) shall administer and distribute state and federal funds or grants from public and private sources in accordance with law and board regulations to county, state institutional, and other libraries in the State;

(5) shall promulgate regulations necessary for carrying out the provisions of this article;


Printed Page 4681 . . . . . Tuesday, April 19, 1994

(6) may enter into contracts with any person or governmental entity to provide, extend, improve, or coordinate library services or to demonstrate appropriate programs of library services;

(7) may enter into interstate library compacts on behalf of the State for the purpose of improving library services to the citizens of the State;

(8) shall recommend legislation to the members of the General Assembly to achieve effective statewide library development;

(9) shall represent library interests and needs before state and local officials and the legislature in order to obtain the financial support necessary to provide quality library service;

(10) shall foster public awareness of the conditions of libraries in South Carolina and of methods to improve library services to the citizens of the State.

Section 60-17-1240. The deputy director of the State Library Division is responsible to the director of the Department of Cultural and Informational Resources for the management of the State Library and for the development and coordination of a statewide program of library and information services. The deputy director shall:

(1) organize, staff, and administer the State Library in accordance with law and good library practice;

(2) recommend to the director policies and regulations necessary for carrying out the provisions of this chapter and execute those adopted by the director;

(3) prepare a budget for the approval of the director and administer funds made available from any source for improvement of library services, interlibrary cooperation, or resource sharing;

(4) provide advice and technical assistance to public and other libraries, agencies of the State, political subdivisions, and planning groups concerning library services and operations;

(5) carry out continuing studies of the information needs of the citizens of the State and recommend services and programs to meet those needs;

(6) encourage broad professional and community participation in library planning and development;

(7) encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library and information service problems;

(8) encourage every citizen of the State to fully utilize the state's library resources and maintain the individual's right of access to those resources.

Section 60-17-1250. The State Library Division is charged with the development and extension of library services throughout the State. The


Printed Page 4682 . . . . . Tuesday, April 19, 1994

division is responsible for executing the library policy for the State and shall:

(1) provide leadership and guidance for the planning and coordinated development of adequate library service for the people of the State;

(2) maintain appropriate collections of library materials in any format considered necessary to supplement the collections of other libraries in the State and to meet the research and informational needs of the General Assembly, state officers and agencies, and state government employees;

(3) increase the proficiency of library personnel through provision of in-service and continuing education programs for library personnel employed in the State;

(4) provide for the citizens of the State specialized library services and materials not generally appropriate, economical, or available in other libraries of the State;

(5) organize a system of depository libraries for state publications to ensure that the publications are readily accessible to the citizens of the State;

(6) serve as a depository for federal publications and coordinate a state plan for federal documents depository libraries;

(7) collect, compile, and publish statistics and information concerning the operation of libraries in the State and maintain a clearinghouse of information, data, and materials in the field of library and information science;

(8) coordinate library services of the State with other educational agencies and services to increase effectiveness and reduce duplication; (9)carry out other activities authorized by state or federal law for the development of library and information services.

Section 60-17-1260. The State Library Division shall provide library and library research services to the General Assembly, state officers and agencies, and state government employees.

Section 60-17-1270. The State Library Division shall provide advice and assistance to public libraries, library boards, and county governments in matters concerning the establishment, support, operation, improvement, and coordination of library services. The division may:

(1) provide a staff of consultants qualified to give advisory and technical assistance to library directors and library boards;

(2) administer state aid and other grants-in-aid to supplement and improve public library services and promulgate regulations as may be necessary to insure effective and efficient use of grants;


Printed Page 4683 . . . . . Tuesday, April 19, 1994

(3) administer a certification program for public libraries and librarians, establishing regulations and procedures for the implementation of the program;

(4) carry out statewide programs and services which cannot be effectively or economically provided by local libraries;

(5) plan and coordinate the provision of library services to groups with special needs including, but not limited to, the elderly, the physically handicapped, the unemployed, the poor, the functionally illiterate, and those persons who have cultural, social, or educational disadvantages that prevent them from using library services designed for persons without the disadvantages.

Section 60-17-1280. A public library which accepts state and federal grants administered by the State Library Division may not use the grants to replace local funding for the library. In order to qualify for grants, libraries shall meet maintenance of effort requirements set by the Department of Cultural and Informational Resources in accord with state and federal regulations.

Section 60-17-1290. The services and resources of the State Library Division and any public library receiving state and federal funds administered by the State Library are free for use by all persons living within South Carolina or the county or region served, except each public library board may fix and each public library may collect reasonable fees and service charges as the board considers necessary to offset the costs of special library services. The division may charge fees for the cost of on-line reference services and other nontraditional library services and retain the fees to offset the cost of the services. A board may assess fines, penalties, damages, or replacement costs for the loss of, damage to, or failure to return any library property or material. The use of a library is subject to regulations adopted by the library's board and the board may extend use of the library to nonresidents upon terms and conditions as it may prescribe.

Section 60-17-1300. The State Library Division shall render encouragement, advice, and assistance for the establishment, operation, and coordination of libraries of state institutions. The division may:

(1) provide a consultant qualified to give advisory and technical assistance to institutional librarians and administrators;

(2) administer grants-in-aid from federal or other sources to supplement library services in state institutions; and

(3) establish minimum standards for library service which take into account the type of institution, the number of people served by the institution, the availability of library services to the institutional


Printed Page 4684 . . . . . Tuesday, April 19, 1994

population, the qualification of personnel for staffing of a library, and the institution's commitment to annual budgetary support for library services.

Section 60-17-1310. The State Library Division shall provide library service to the blind and physically handicapped readers in cooperation with the United States Library of Congress. The division shall provide books and other reading matter in recorded form, in braille, in large type, or any other medium of reading used by the blind and physically handicapped. To this end, the division may contract with the appropriate federal agency or any library for the blind and physically handicapped. Services must be rendered in accordance with applicable federal regulations and consistent with the current standards and guidelines for service for the Library of Congress National Library Service for the Blind and Physically Handicapped.

Section 60-17-1320. The State Library Division shall promote cooperation among governmental bodies including, but not limited to, departments, agencies, institutions, boards, committees, and commissions of the State and political subdivisions of the State, including school districts, and among libraries of all types and shall encourage the sharing of resources among libraries at all service levels. None of the provisions of this article may be construed to interfere with the authority of the governing boards of institutions of higher learning or the governing boards of public, school, or special libraries.

Section 60-17-1330. The State Library Division shall plan, develop, and operate a statewide library network to facilitate the sharing of resources and information among South Carolina libraries and to make resources and information more easily accessible to library users anywhere in the State. To this end, the division may:

(1) recommend statewide priorities for interlibrary cooperation and resource sharing;

(2) develop and publish a state plan for library network activities;

(3) promulgate policies, regulations, and guidelines consistent with the provisions of this article;

(4) establish and operate a network computer system and telecommunication systems which will expedite interlibrary loan, reference, and referral;

(5) acquire or create computer programs and data bases and make them available to libraries of the network;

(6) provide grants for networking activities and establish standards under which libraries may be eligible for the grants;

(7) encourage public awareness of the need for interlibrary cooperation and resource sharing;


Printed Page 4685 . . . . . Tuesday, April 19, 1994

(8) provide for state participation in and compatibility with regional, national, or international library networks and systems which will increase the quality of library service to the people of this State;

(9) encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library service problems;

(10) establish a network advisory body made up of representatives of the several network constituencies to advise and assist the division in network planning and development.

Section 60-17-1340. The governing body of any library supported by state, county, or municipal governments or by public school districts may enter into agreements with the State Library Division for the library's participation in the statewide library network and to enter into cooperative agreements with other libraries for collection development, resource sharing, and library services.

The deputy director for the State Library Division, subject to the approval of the director of the Department of Cultural and Informational Resources, has the power to enter into agreements with any library located in the State, including private and federal libraries, to allow participation in the state resource sharing network and for coordination of the state library program with any library.

Section 60-17-1350. Every public, college, university, technical college, and state institutional library shall make an annual statistical report to the State Library Division in a form as may be prescribed by the division. Reports must be made in a timely manner so that statistics may be published in the department's annual report. The division may require other reports as may be necessary from libraries receiving state and federal grants or participating in the statewide library network.

Section 60-17-1360. The deputy director for the State Library Division may do all things necessary and proper to cooperate fully with the United States Department of Education or any other federal agency in the administering of any funds appropriated for the payment of salaries, books, periodicals, library supplies, or equipment, for the construction of library buildings, for the maintenance of the expense of public library services, for interlibrary cooperation, for library services to state institutions, and for library services to the blind and physically handicapped.

PART II

Conforming Provisions

SECTION . Section 1-11-420 of the 1976 Code is amended to read:

"Section 1-11-420. All institutions, departments, and agencies shall file an annual report with the board at the time the board specifies. The board


Printed Page 4686 . . . . . Tuesday, April 19, 1994

shall prescribe specifications and deadlines as are practicable for the reports, the objective being to limit the content and style of printing, and thus keep the cost of their publication within reasonable limits. The board shall have the reports printed and made available on or before January first to each member of the General Assembly at his request and to the State Library Division of the Department of Cultural and Informational Resources. The board shall report annually to the General Assembly on the expenditure of appropriations for the reports showing, by departments, the number of copies and cost of publication. State agency annual reports required under the provisions of this section and reports to the General Assembly may not be printed in a multicolor format unless that format can be purchased at the cost of black and white printing, nor may these reports contain pictures of board or commission members, agency officers, or employees."

SECTION . Section 1-23-30 of the 1976 Code is amended to read:

"Section 1-23-30. The original and either two additional originals or two certified copies of each document authorized or required to be published in the State Register by this article shall be filed with the Legislative Council by the agency by which it is promulgated. Filing may be accomplished at all times when the Council office is open for official business.

The Council shall note upon each document filed the date and hour of filing and shall as soon as practicable publish such document in the State Register. Copies of all documents filed shall be available at the Council office for public inspection during office hours.

The Council shall transmit to the Clerk of Court of each county a copy of the State Register and all additions thereto when published. Clerks of Court shall maintain their copies of the Register in current form and provide for public inspection thereof. The Council shall transmit one original or certified copy of each document filed with the Council to the Department of Archives and History Division of the Department of Cultural and Informational Resources which shall be made available for public inspection in the office of the department division."

SECTION . Section 2-13-240 of the 1976 Code, as amended by Section 25 of Act 181 of 1993, is further amended to read:

"Section 2-13-240. (a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the


Printed Page 4687 . . . . . Tuesday, April 19, 1994

House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; each county court judge, one; College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college or center, one; each county governing body, one; each county clerk of court and register of mesne conveyances where such offices are separate, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one; Department of Alcohol and other Drug Abuse Services, one; Department of Archives and History Division of the Department of Cultural and Informational Resources, one; Board of Bank Control Financial Institutions, one; Commissioner of Banking, one; Budget and Control Board (Auditor, six; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Department of Commerce, five; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; Department of Transportation, five; Department of Public Safety, five; Human Affairs Commission, one; Workers' Compensation Commission, seven; Department of Insurance, two; Department of Juvenile Justice and Aftercare, one; Department of Labor, Licensing and Regulation, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library Division of the Department of Cultural and Informational Resources, three; Department of Mental Health, three; Department of Disabilities and Special Needs, five; Ports Authority, one; Department of Probation,
Printed Page 4688 . . . . . Tuesday, April 19, 1994

Parole and Pardon Services, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Department of Revenue and Taxation, six; Board for Technical and Comprehensive Education, one; Veterans' Affairs Division of the Governor's office, one; Vocational Rehabilitation, one; Department of Natural Resources, four.

(b) If any technical college or center offers a course in paralegal practice such college or center shall be allowed two additional sets of the Code.

(c) All remaining copies of the Code may be sold or distributed in the best interest of the State as may be determined by the Legislative Council.

(d) The provisions of Sections 8-15-30 and 8-15-40 of the 1976 Code shall not apply to members of the General Assembly, members of the Legislative Council and the Code Commissioner."

SECTION . Section 2-68-40 of the 1976 Code, as amended by Act 470 of 1992, is further amended to read:

"Section 2-68-40. (A) There is created the South Carolina Folk Heritage Award which may be presented to no more than four recipients each year by the General Assembly. At the discretion of the awards advisory committee, an additional South Carolina Folk Heritage Award may be presented to no more than one folk arts advocate each year by the General Assembly.

(B) The purpose of the award is to recognize lifetime achievement in this State for traditional folk art. The award recognizes individuals or groups who have used their lives to create beauty and meaning for their communities and the State as a whole in ways that are significant because they have lasted, often for hundreds of years. Winners of the award represent those who have demonstrated excellence in folk art, and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents.

(C) Criteria for the award must be as follows:

(1) emphasis on authenticity of tradition, giving the highest priority to those crafts with a long history of practice in this State;

(2) the significance of the individual folk artist or folk art group in maintaining or stimulating the craft to higher levels of artistic achievement; or, the significance of the folk arts advocate in supporting authentic South Carolina traditional craft or interpreting it to a wider audience;

(3) the award must be given to folk artists living and practicing in this State.


Printed Page 4689 . . . . . Tuesday, April 19, 1994

(D) There is established an awards advisory committee whose purpose is to choose award recipients. This advisory committee must be composed of seven members who shall serve two-year terms, except that of the members first appointed, three must be appointed for terms of one year, and four must be appointed for terms of two years. The members of the advisory committee shall receive no mileage, per diem, or subsistence unless provided for by private funds. The members of the advisory committee must be appointed in the following manner:

(1) a member of the South Carolina Arts Commission the Director of the Department of Cultural and Informational Resources, or its his designee;

(2) a member of the Joint Legislative Committee on Cultural Affairs, or its designee;

(3) the Folk Arts Coordinator at McKissick Museum;

(4) two citizens, one of whom represents the Afro-American community, to be appointed by the Speaker of the House upon recommendation of the Joint Legislative Committee on Cultural Affairs;

(5) two citizens, one of whom represents the American Indian community, to be appointed by the President of the Senate upon recommendation of the Joint Legislative Committee on Cultural Affairs.

(E) No state funds may be used for this award. Private funds must be raised to cover any expenses incurred or associated with presenting the award."

SECTION . Section 4-9-36 of the 1976 Code is amended to read:

"Section 4-9-36. The board as provided for in Section 4-9-35 shall be authorized to exercise powers as to the policies of the county library which shall not be inconsistent with the general policies established by the governing body of the county, and pursuant to that authority shall be empowered to:

(1) employ a chief librarian whose qualifications and credentials shall meet the certification requirements of the State Library Board Division of the Department of Cultural and Informational Resources, and who shall be responsible to the county library board for the administration of the program and the selection of library staff members required to carry out the functions of the library system.;

(2) purchase, lease, hold, and dispose of real and personal property in the name of the county for the exclusive use of the county public library system. Provided, However, any such conveyance, lease, or purchase of real property shall be by the county governing body in accordance with the provisions of Sections 4-9-10 et seq. and Sections 5-1-10 et seq., as amended.;


| Printed Page 4670, Apr. 19 | Printed Page 4690, Apr. 19 |

Page Finder Index