AN ACT TO ENSURE RESPECTFUL TREATMENT OF THE AMERICAN FLAG AND THE NORTH CAROLINA FLAG BY STATE AGENCIES AND OTHER POLITICAL SUBDIVISIONS OF THE STATE; TO ESTABLISH THE DIVISION OF VETERANS AFFAIRS AS THE CLEARINGHOUSE FOR THE DISPOSAL OF WORN, TATTERED, AND DAMAGED FLAGS; TO PROVIDE FOR THE PROTECTION OF MONUMENTS AND MEMORIALS COMMEMORATING EVENTS, PERSONS, AND MILITARY SERVICE IN NORTH CAROLINA HISTORY; AND TO TRANSFER CUSTODY OF CERTAIN HISTORIC DOCUMENTS IN THE POSSESSION OF THE OFFICE OF THE SECRETARY OF STATE TO THE DEPARTMENT OF CULTURAL RESOURCES AND TO FACILITATE PUBLIC OPPORTUNITY TO VIEW THESE DOCUMENTS. Enacted July 23, 2015. Effective July 23, 2015, except as otherwise provided.
HISTORIC ARTIFACT MGT. AND PATRIOTISM ACT.
Printer-friendly: Click to view
| View NCGA Bill Details | 2015-2016 Session |
AN ACT TO ENSURE RESPECTFUL TREATMENT OF THE AMERICAN FLAG AND THE NORTH CAROLINA FLAG BY STATE AGENCIES AND OTHER POLITICAL SUBDIVISIONS OF THE STATE; TO ESTABLISH THE DIVISION OF VETERANS AFFAIRS AS THE CLEARINGHOUSE FOR THE DISPOSAL OF WORN, TATTERED, AND DAMAGED FLAGS; TO PROVIDE FOR THE PROTECTION OF MONUMENTS AND MEMORIALS COMMEMORATING EVENTS, PERSONS, AND MILITARY SERVICE IN NORTH CAROLINA HISTORY; AND TO TRANSFER CUSTODY OF CERTAIN HISTORIC DOCUMENTS IN THE POSSESSION OF THE OFFICE OF THE SECRETARY OF STATE TO THE DEPARTMENT OF CULTURAL RESOURCES AND TO FACILITATE PUBLIC OPPORTUNITY TO VIEW THESE DOCUMENTS.Intro. by Soucek, Tucker, J. Davis.
Status: Ch. SL 2015-170 (Senate Action) (Jul 23 2015)
Bill History:
-
Tue, 3 Feb 2015 Senate: Filed
-
Wed, 4 Feb 2015 Senate: Passed 1st Reading
-
Wed, 4 Feb 2015 Senate: Ref To Com On Rules and Operations of the Senate
-
Wed, 4 Feb 2015 Senate: Withdrawn From Com
-
Wed, 4 Feb 2015 Senate: Re-ref Com On Commerce
-
Tue, 21 Apr 2015 Senate: Reptd Fav Com Substitute
-
Tue, 21 Apr 2015 Senate: Com Substitute Adopted
-
Wed, 22 Apr 2015 Senate: Amend Adopted A1
-
Wed, 22 Apr 2015 Senate: Passed 2nd Reading
-
Wed, 22 Apr 2015 Senate: Passed 3rd Reading
-
Wed, 22 Apr 2015 Engrossed
-
Thu, 23 Apr 2015 Senate: Regular Message Sent To House
-
Thu, 23 Apr 2015 House: Regular Message Received From Senate
-
Mon, 27 Apr 2015 House: Passed 1st Reading
-
Wed, 1 Jul 2015 House: Withdrawn From Com
-
Wed, 15 Jul 2015 House: Reptd Fav
-
Wed, 15 Jul 2015 House: Cal Pursuant Rule 36(b)
-
Thu, 16 Jul 2015 House: Placed On Cal For 07/20/2015
-
Mon, 20 Jul 2015 House: Amend Failed A1
-
Mon, 20 Jul 2015 House: Amend Failed A2
-
Mon, 20 Jul 2015 House: Amend Failed A3
-
Mon, 20 Jul 2015 House: Passed 2nd Reading
-
Tue, 21 Jul 2015 House: Amend Tabled A4
-
Tue, 21 Jul 2015 House: Amend Failed A5
-
Tue, 21 Jul 2015 House: Passed 3rd Reading
-
Tue, 21 Jul 2015 House: Ordered Enrolled
-
Wed, 22 Jul 2015 Ratified
-
Thu, 23 Jul 2015 Pres. To Gov. 07/23/2015
-
Thu, 23 Jul 2015 Signed by Gov. 7/23/2015
-
Thu, 23 Jul 2015 Ch. SL 2015-170
S 22/S.L. 2015-170
Bill Summaries:
-
Bill S 22 (2015-2016)Summary date: Jul 27 2015 - View Summary
-
Bill S 22 (2015-2016)Summary date: Apr 22 2015 - View Summary
Senate amendment to the 2nd edition makes technical corrections.
-
Bill S 22 (2015-2016)Summary date: Apr 21 2015 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 144-5 making technical and clarifying changes. Deletes language which provided that violation of the subsection is punishable as an infraction.
Makes organizational and clarifying changes to proposed GS 144-9. This section of the bill is effective December 1, 2015.
Amends the caption of GS Chapter 100, Article 1, to read Approval and Protection of Monuments, Memorials, Works of Art, etc.
Amends GS 100-2, making clarifying changes. Adds language to make the provisions of the subsection also applicable to monuments (previously only applied to memorials and works of art). Deletes provisions which provided that existing memorials or works of art cannot be removed, relocated, or altered in any way without approval of the NC Historical Commission. Also deletes language which provided that these provisions did not apply to markers set up by the Board of Transportation as specified.
Enacts GS 100-2.1, Protection of monuments, memorials, and works of art, providing that monuments memorials, or works of art cannot be removed, relocated, or altered in any way without approval of the NC Historical Commission. Sets out provisions concerning limitations on removal for objects of remembrance. Defines object of remembrance as a monument, memorial, plaque, statue, marker, or display of a permanent character that commemorates an event, a person, or military service that is part of North Carolina's history. Also includes exceptions, setting out objects and markers that these provisions do not apply to.
Amends 160A-400.13 to enact new subsection (a) to provide that GS 100-2.1 (above) supersedes with regards to the removal or relocation of a historic landmark designated that meets the definition of an object of remembrance. Makes technical changes.
Amends GS 147-36, Duties of Secretary of State, making technical and clarifying changes. Effective December 1, 2015.
Deletes language that required the Secretary of State to create a written inventory of records of historical interest for the Department of Cultural Resources by October 1, 2015. Now provides for the Secretary of State to provide timely, on site access to staff for study and review of all documents to determine historical significance. Requires arrangements to be made for certain documents as specified. Only requires the transfer of documents that are no longer legally necessary to remain in the Secretary of State's possession. Effective December 1, 2015.
Changes the effective date, providing that unless otherwise provided, the act is effective when it becomes law.
-
Bill S 22 (2015-2016)Summary date: Feb 3 2015 - View Summary
Amends the caption of GS 144-5 to Flags to conform to law; display and handling of flag of the United States of America and the State of North Carolina by State agencies and other political subdivisions of the State (was, Flags to conform to law.). Adds language providing that flags of the USA and North Carolina that are possessed by state agencies or political subdivisions of the state must be handled, displayed, and stored in accordance with 4 USC 1, the US Flag Code. Provides that a violation is punishable as an infraction. Effective December 1, 2015.
Amends the caption of GS 144-9 to Retirement of the flag of the United States of America and the flag of the State of North Carolina (was, Retirement of the State flag). Reorganizes the section and adds new language requiring flags of North Carolina or the U.S.A., in possession of a State agency or political subdivision to be delivered to the Division of Veterans Affairs (DVA) for disposal when no longer a fitting emblem for display. Requires DVA to accept the flags and to make appropriate arrangements for respectful disposition. Requires the DVA to do the same with such flags received from citizens of North Carolina. Requires DVA to establish a flag retirement program to encourage citizens to send in/drop off such flags at the DVA office in Raleigh or at other specified locations across the State. Requires the program to be advertised on the DVA website as well as by printed posters at all flag drop off locations. Requires the DVA to report on the number of flags received under the program to the Joint Legislative Committee on Governmental Operations on or before December 31, 2016, as well as annually after that. Effective December 1, 2015.
Amends GS 147-36, Duties of Secretary of State, making clarifying and technical changes. Also adds duties for the Secretary of State to transfer all previously adopted editions of the State Constitution and amendments to those editions to the Department of Cultural Resources for preservation and safe keeping in the State Archives. Effective December 1, 2015.
Requires the Secretary of State, on or before October 1, 2015, to provide the Department of Cultural Resources a written inventory of all records of historical interest in the Secretary's custody. Further requires the Secretary of State to transfer to the Department of Cultural Resources all original copies of specified historical records held by the Secretary of State, effective December 1, 2015.
Directs the Department of Cultural Resources, in 2016, to arrange for displays and programs for the commemoration of the 240th anniversary of the signing of the Declaration of Independence as well as the same for the 240th anniversary of the ratification of North Carolina's first Constitution. Authorizes the acceptance of non-state funds to defray the costs of such exhibits.
View: All Summaries for Bill
Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO ENSURE RESPECTFUL TREATMENT OF THE NORTH CAROLINA FLAG AND AMERICAN FLAG BY STATE AGENCIES AND OTHER POLITICAL SUBDIVISIONS OF THE STATE; TO ESTABLISH THE DIVISION OF VETERANS AFFAIRS AS THE CLEARINGHOUSE FOR THE DISPOSAL OF WORN, TATTERED, AND DAMAGED FLAGS; AND TO TRANSFER CUSTODY OF CERTAIN HISTORIC DOCUMENTS IN THE POSSESSION OF THE OFFICE OF THE SECRETARY OF STATE TO THE DEPARTMENT OF CULTURAL RESOURCES AND TO FACILITATE PUBLIC OPPORTUNITY TO VIEW THESE DOCUMENTS.