Bill Summary for H 184 (2015-2016)

Summary date: 

Aug 4 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 184 (Public) Filed Tuesday, March 10, 2015
AN ACT TO ALLOW THE DEPARTMENT OF CULTURAL RESOURCES, OFFICE OF ARCHIVES AND HISTORY, TO USE THE NET PROCEEDS OF THE SALE OF ARTIFACTS FOR MAINTENANCE OR CONSERVATION OF OTHER ARTIFACTS; TO CLARIFY THE PROCESS FOR TRANSFERRING TITLE OF UNCLAIMED OR UNDOCUMENTED PROPERTY LOANED TO MUSEUMS AND HISTORICAL REPOSITORIES TO THOSE MUSEUMS AND HISTORICAL REPOSITORIES; TO SET A TIME LIMITATION ON CONFIDENTIALITY OF RECORDS; TO CLARIFY THAT PHOTOGRAPHS AND VIDEO RECORDINGS OF DERELICT VESSELS OR SHIPWRECKS ARE PUBLIC RECORDS WHEN IN THE CUSTODY OF NORTH CAROLINA AGENCIES; AND TO PROVIDE THAT CERTAIN MERCHANDISE CREDITS ARE NOT DEEMED ABANDONED PROPERTY.
Intro. by R. Brown, Cleveland, Floyd, Riddell.

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Bill summary

Senate amendment #3 makes the following changes to the 4th edition, as amended. 

Amends new GS 121-52, which allows museums or archives repositories to acquire title to loaned property. If a museum or repository that has mailed notice to the last known address of the lender of property receives no valid claim, the 4th edition required the museum or repository to advertise in a newspaper of general circulation and the museum or repository's website. The amendment requires the museum or repository instead to make a reasonable effort to locate and inform the owner or the owner's heirs and successors and also to publish notice on an Internet site created by the Department of Cultural Resources. The museum or repository should publish notice for no fewer than 365 consecutive days for property with an estimated value greater than $10,000 and for 180 days for property equal to or less than that value. 

The notice should include a digital image of the property and any documentation executed by the parties, in addition to other information that the 4th edition required in the newspaper publication. 

Amends new GS 121-56 to clarify that a museum may acquire title to undocumented property by following the procedures of new GS 121-52 and not necessarily after a period of seven years without contact between the lender and the museum or repository. 

Makes certain technical changes. 

 

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