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(4) accept donations of real property, services, books, and other items suitable for use in the library system.;

(5) designate or mark equipment, rooms, and buildings, and other library facilities to commemorate and identify gifts and donations made to the library system.;

(6) cooperate or enter into contracts or agreements with any public or private agency which results in improved services or the receipt of financial aid in carrying out the functions of the library system. Provided, However, such contracts and agreements shall be subject to approval by the governing body of the county.;

(7) enter into contracts or agreements with other counties to operate regional or joint libraries and related facilities. Provided, However, such contracts and agreements shall be subject to approval by the governing body of the county.;

(8) receive and expend grants, appropriations, gifts, and donations from any private or public source for the operation, expansion, or improvement of the library system.;

(9) take any actions deemed considered necessary and proper by the board to establish, equip, operate, and maintain an effective library system within limits of approved appropriations of county council."

SECTION . Section 4-9-195 of the 1976 Code, as amended by Act 375 of 1992, is further amended to read:

"Section 4-9-195. (A) The governing body of any county by ordinance may grant the special property tax assessments authorized by this section to real property which qualifies as either `rehabilitated historic property' or as `low and moderate income rental property' in the manner provided in this section. All qualifying property must be certified as such by the county governing body and upon this certification, the property must be assessed as follows:

(1) for owner-occupied rehabilitated historic property an assessment for two years equal to four percent of the appraised value of the property at the time the certification was made, and an assessment for eight years equal to the greater of forty percent of four percent of the appraised value of the property after rehabilitation or the assessment originally assessed on the uncertified property;

(2) for income-producing rehabilitated historic property and for low and moderate income rental property an assessment for two years equal to six percent of the appraised value of the property at the time the certification was made, and an assessment for eight years equal to the

(3) the special assessment shall only begin in the current or future tax years as provided for in this section. In no instance may the special assessment be applied retroactively.

(B) `Rehabilitated historic property' is eligible for certification if the following conditions are met:

(1) the owner of the property applies for and is granted historic designation by the county governing body based on one or more of the following reasons:

(a) the property is listed in the National Register of Historic Places;

(b) the property is designated as an historic property by the county governing body and is at least fifty years old; or

(c) the property is at least fifty years old and is located in an historic district designated by the county governing body;

(2) the rehabilitation work is approved by the Department of Archives and History Division of the Department of Cultural and Informational Resources or its designee as appropriate for the historic building and the historic district in which it is located;

(3) within two years after receiving the approval of the rehabilitation plans, the owner or his estate rehabilitates the building, with expenditures for rehabilitation exceeding fifty percent of the appraised value of the building in the case of owner-occupied property, or with expenditures for rehabilitation exceeding the appraised value of the building in the case of income-producing real property;

(4) the owner or estate of any property certified as `historic' takes no actions which cause the property to lose the qualities and features which made it eligible for certification. The Department of Archives and History Division or its designee shall have the authority to rescind approval of the rehabilitation work in these cases, and in this event the property becomes immediately ineligible for the special tax assessments provided for this type of property; and

(5) rehabilitation was commenced on the property after January 1, 1987, and the rehabilitation was not commenced or undertaken as a result of a natural disaster, catastrophe, accident, or force majeure.

(C) `Low and moderate income rental property' is eligible for certification if:

(1) the property provides accommodations under the Section 8 Program as defined in the United States Housing Act of 1937 and

(2) in the case of income-producing real property, the expenditures for rehabilitation exceed the appraised value of the property; and

(3) if the low and moderate income housing rehabilitation is located in an area designated by the local government as a Low and Moderate Housing Rehabilitation District; and

(4) the owner or estate of any property certified as `low and moderate income rental property' takes no actions which cause the property to be unsuitable for such a designation. The county governing body granting the initial certification has the authority to decertify property in these cases, and the property becomes immediately ineligible for the special tax assessments provided for this type of property; and

(5) rehabilitation was commenced on the property after January 1, 1987; and the rehabilitation was not commenced or undertaken as a result of a natural disaster, catastrophe, accident, or force majeure; and

(6) if the property qualifies as `historic' as defined in subsection (B)(1)(a), (b), or (c), then the rehabilitation work must be approved by the Department of Archives and History Division as provided in subsections (B) and (D).

(D) The Department of Archives and History Division, or its designee, has the authority to approve rehabilitation work in the county as qualifying for the special tax assessment provided for `rehabilitated historic property', and shall provide for procedures for application, consideration, and appeal through appropriate regulations. All requests for approval must be accompanied by a nonrefundable application fee of one hundred dollars. The fee must be deposited in the accounts of the Department of Archives and History Division, except that in counties where the department division has delegated the approval responsibility to a local governmental agency or department, the local governmental agency or department shall receive the application fee.

(E) When property has been certified and assessed as rehabilitated historic property, or low or moderate income rental property, it remains so certified and must be granted the special assessment until the property becomes disqualified by any one of the following:

(1) written notice by the owner to the county to remove the preferential assessment;

(2) sale or transfer of ownership during the ten-year period of special assessment, other than in ordinary course within probate proceedings;

(4) decertification of the property by the local governing body as low or moderate income rental property for persons and families of moderate to low income as defined by Section 31-13-170(p);

(5) rescission of the approval of the rehabilitation work by the Department of Archives and History Division because of alterations or renovations by the owner or his estate which cause the property to no longer possess the qualities and features which made it eligible.

Notification of any change affecting eligibility must be given immediately to the appropriate county taxing and assessing authorities.

(F) If property is certified as `rehabilitated historic property' or as `low and moderate income rental property' before the first day of April of a particular year, the special assessment authorized by this section is effective for that year. Otherwise it is effective beginning with the following year, provided the owner of the real property completes the proper application approved by the Department of Archives and History Division with the appropriate agency by April fifteenth of the particular year. A county governing body may designate an agency or department of the county to perform its functions and duties under this section in its discretion.

(G) Once the governing body has granted the special property tax assessments authorized by this section, the owner of the property shall make application annually to the auditor for the special assessment provided for by this section.

(H) As used in this section:

(1) `appraised value of the property at the time certification was made' means, as to rehabilitated historic property, the appraised value of the building as certified to the governing body by a real estate appraiser licensed by this State, or the sales price delineated in a bona fide contract of sale executed within six months of the time it is submitted to the governing body; and, as to low and moderate income rental property, the appraised value of the property as certified to the governing body by a real estate appraiser licensed by this State or the sales price delineated in a bona fide contract of sale executed within six months of the time it is submitted to the governing body.

(2) `appraised value of the property after rehabilitation' means, as to rehabilitated historic property, the appraised value of the rehabilitated building, after rehabilitation has been completed, as certified to the governing body by a real estate appraiser licensed by this State; and, as to low and moderate income rental property, the appraised value of the

SECTION . Section 10-1-170 of the 1976 Code is amended to read:

"Section 10-1-170. A. The Division of General Services and the South Carolina Arts Commission Division of the Department of Cultural and Informational Resources are authorized to erect a memorial on the State House grounds in honor of the South Carolina war dead who served in World War I, World War II, Korea, and Vietnam as well as the prisoners of war and those missing in action, and in appreciation for those South Carolinians who have served our State and nation honorably in the armed forces at the site designated in the feasibility study made by the Division of General Services dated April 25, 1983.

B. In order to carry out the purposes of this section, the Division of General Services is authorized to accept gifts or grants of services, properties, or monies from posts or chapters of nationally organized and recognized organizations of war veterans or any other private organization or persons.

C. The Arts Commission Division and the Division of General Services shall cooperate with the S. C. Veterans Monument Association as to the design, selection, and construction of the monument to be erected and shall be authorized to use such funds as necessary out of the state Sinking Fund, not to exceed three hundred thousand dollars."

SECTION . Section 11-35-710 of the 1976 Code, as amended by Section 94 of Act 181 of 1993, is further amended to read:

"Section 11-35-710. The board may upon the recommendation of the Division of General Services, exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required and for just cause may by unanimous written decision limit or withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:

(a) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation;

(b) the purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;

(c) South Carolina State Ports Authority;

(d) Division of Public Railways of the Department of Commerce;

(e) South Carolina Public Service Authority;

(g) livestock, feed, and veterinary supplies;

(h) articles for commercial sale by all governmental bodies;

(i) fresh fruits, vegetables, meats, fish, milk, and eggs;

(j) South Carolina Arts Commission Division and South Carolina Museum Commission Division of the Department of Cultural and Informational Resources for the purchase of one-of-a-kind items such as paintings, antiques, sculpture, and similar objects. Before any governmental body procures any such objects, the head of the purchasing agency shall prepare a written determination specifying the need for such objects and the benefits to the State. The South Carolina Arts Commission Division shall review such determination and forward a recommendation to the board for approval;

(k) published books, periodicals, and technical pamphlets.;

(l) South Carolina Research Authority."

SECTION . Section 11-35-2430 of the 1976 Code is amended to read:

"Section 11-35-2430. All procurement records of governmental bodies shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Department of Archives and History Division of the Department of Cultural and Informational Resources after consultation with the Attorney General. All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt therefor of it."

SECTION . Section 13-11-20 of the 1976 Code, as amended by Section 253 of Act 181 of 1993, is further amended to read:

"Section 13-11-20. Members of the board shall be appointed by the Governor as follows: two members upon nomination of the Director of the South Carolina Department of Parks, Recreation and Tourism; one member upon nomination of the Department of Natural Resources; two members upon nomination of the Director of the Department of Commerce or his designee; one member upon nomination of the Fairfield County Council; one member upon nomination of the Fairfield County Development Board; and one member appointed by the Governor, who shall be the chairman. In addition, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the Department of Commerce or his designee, the Executive Director of the

SECTION . Section 25-13-70 of the 1976 Code is amended to read:

"Section 25-13-70. The Deputy Director of the South Carolina Department of Archives and History Division of the Department of Cultural and Informational Resources shall, when requested, shall give full information as to the service in the Army or Navy of any soldier, sailor, or militiaman as it appears on the Confederate rolls."

SECTION . Section 27-45-20 of the 1976 Code is amended to read:

"Section 27-45-20. There is established the Abandoned Cultural Property Board composed of five members appointed for terms of two years by the commissioners of the State Museum Commission Director of the Department of Cultural and Informational Resources upon recommendation of the Deputy Director of the State Museum Division. The members of the board shall elect a chairman and secretary and shall meet at least quarterly. The members of the board shall receive no mileage, per diem, or subsistence. The board is responsible for certifying a work of art as abandoned cultural property. The board shall also determine whether a nonprofit organization has complied with the provisions of Section 27-45-30 or 27-45-40, as appropriate, and shall determine if a lender's claim to property is valid as required by Section 27-45-90(C)."

SECTION . Chapter 1 of Title 30 of the 1976 Code is amended to read:

Section 30-1-10. (A) For the purposes of Sections 30-1-10 to 30-1-140 `public record' has the meaning as provided in Section 30-4-20(c). Nothing herein authorizes the Archives and History Division to make records open to the public in contravention of Sections 30-4-40, 30-4-50, and 30-4-70, respectively.

(C) `Agency' means any state department, agency, or institution.

(D) `Subdivision' means any political subdivision of the State.

(E) `Archives' means the South Carolina Department of Archives and History Division of the Department of Cultural and Informational Resources.

(F) `Deputy Director' means the Deputy Director of the Department of Archives and History Division of the Department of Cultural and Informational Resources."

Section 30-1-20. The chief administrative officer of any agency or subdivision or any public body in charge of public records or creating, filing, or keeping public records is the legal custodian of these records and is responsible for carrying out the duties and responsibilities of this chapter which are assigned to public agencies, bodies, offices, or subdivisions. He may appoint a records officer to act on his behalf.

Section 30-1-30. Any person who unlawfully removes a public record from the office where it is usually kept, or alters, defaces, mutilates, secretes, or destroys it is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five thousand dollars.

Section 30-1-40. A person having custody of public records, at the expiration of his term of office or employment, shall deliver to his successor, or if there is none, to the Archives and History Division, all public records in his custody.

Section 30-1-50. Fifteen days after receipt of a certified letter from the legal custodian of the record or the Deputy Director of the Archives and History Division, a person in possession of a public record who refuses or fails to deliver as required in this chapter the record to the requesting party is guilty of a misdemeanor and, upon conviction, is fined not exceeding five hundred dollars. In addition, the legal custodian of the public records or the Deputy Director of the Archives and History

Section 30-1-70. The legal custodian of public records shall protect them against deterioration, mutilation, theft, loss, or destruction and shall keep them secure in vaults or rooms having proper ventilation and fire protection in such arrangement as to be easily accessible for convenient use. They must be kept in the buildings in which they are ordinarily used except in cases where they may be transferred for retention or disposal in accord with Sections 30-1-10 to 30-1-140 or for special public display by the appropriate authority. The deputy director may order the removal of public records from any facility which does not meet records storage standards approved by regulations promulgated by the Archives and History Division. If public records of long term or archival value are in danger of loss due to negligence, deterioration, theft, or unauthorized disposal or destruction, the deputy director may order that the records be transferred to suitable storage for the purpose of security microfilming or other necessary preservation measures. Records must be maintained, copied, or repaired, renovated, rebound, or restored in accordance with standards required by regulation and approved by the department division if they are worn, mutilated, damaged, difficult to read, or in danger of loss at the expense of the public body having custody or responsibility if these records are of long term or archival value as determined under the provisions of this chapter.

Section 30-1-80. A records management program directed to the application of efficient and economical management methods and relating to the creation, utilization, maintenance, retention, preservation, and disposal of public records must be established and administered by the Archives and History Division. It is the duty of that department the division to establish and develop standards, procedures, techniques, and schedules for effective management of public records, to make continuing surveys of recordmaking and recordkeeping operations, to recommend improvements in current records management practices, including the use of space, equipment, and supplies in creating, maintaining, and servicing records, to institute and maintain a training and information program in all phases of records and information management to bring approved and current practices, methods, procedures, and devices for the efficient and economical management of records to the attention of all agencies and subdivisions. The head of each agency, the governing body of each

Section 30-1-90. (A) The Archives and History Division may examine the condition of public records and give advice and assistance to public officials in the solutions of their problems in creating, filing, preserving, and making available the public records in their custody. When requested by the Archives and History Division, agencies and subdivisions must assist the Archives and History Division in preparing an inclusive inventory of records in their custody and establishing records schedules mandating a time period for the retention of each series of records. These schedules must be approved by the governing body of each subdivision or the executive officer of each agency or body having custody of the records, the Deputy Director of the Archives and History Division, and in the case of state or regional agencies, the State Budget and Control Board.

(B) In addition, general schedules for records series common to agencies and subdivisions may be issued by the Archives and History Division as regulations promulgated under the provisions of the Administrative Procedures Act, and these regulations must contain provisions allowing agencies or subdivisions to opt out of the general schedules and proceed under the provisions of subsection (A) in the establishment of a records schedule.

(C) The Archives and History Division has express authority to review all public records for appraisal and scheduling purposes, including those records designated as closed, confidential, and restricted by law. However, in certain cases the department division may waive its authority to review certain records after its approval of procedures developed by the executive officer or public official in charge of the records to provide the department division with information needed for appraisal and scheduling purposes.

(D) No records of long term or enduring value created, including those filed, kept, or stored electronically, or those records converted from paper to magnetic, optical, film, or other media in the transaction of public business may be disposed of, destroyed, or erased without an approved records schedule. All records disposals that are carried out in accordance with duly approved records schedules must be documented and reported in accordance with procedures developed by the Archives and History Division.

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