HISTORIC ARTIFACT MGT. AND PATRIOTISM ACT.

View NCGA Bill Details2015-2016 Session
Senate Bill 22 (Public) Filed Tuesday, February 3, 2015
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)

SOG comments (1):

Long title change

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.

Bill History:

S 22/S.L. 2015-170

Bill Summaries:

  • Summary date: Jul 27 2015 - More information

    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.


  • Summary date: Apr 22 2015 - More information

    Senate amendment to the 2nd edition makes technical corrections.


  • Summary date: Apr 21 2015 - More information

    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.  


  • Summary date: Feb 3 2015 - More information

    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.


Printer-friendly: Click to view