2017 South Carolina Code of Laws
Title 54 - Ports and Maritime Matters
CHAPTER 7 - SHIPWRECKS AND SALVAGE OPERATIONS
Section 54-7-100. Hunley Commission established; coordinates exempt from disclosure.
A committee of ten members of the "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 tenth member of the commission shall be the Lieutenant Governor to serve ex officio, or his designee. 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, 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.
HISTORY: 1996 Act No. 247, Section 1, eff March 4, 1996; 1996 Act No. 361, Section 1, eff May 16, 1996; 2013 Act No. 1, Section 1, eff January 23, 2013.
Effect of Amendment
The 1996 amendment revised the second paragraph of this section.
The 2013 amendment, in the first paragraph, changed the committee membership from nine to ten, added the second sentence relating to the Lieutenant Governor, and made other nonsubstantive changes.
