Bill Summary for S 22 (2015-2016)

Summary date: 

Apr 21 2015

Bill Information:

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.

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Bill 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.  

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