Bill Summary for H 168 (2023-2024)

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Summary date: 

Feb 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 168 (Public) Filed Tuesday, February 21, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES, AS RECOMMENDED BY THE DEPARTMENT.
Intro. by K. Hall, Wray.

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Bill summary

Section 1

Amends GS 140-5.13 by increasing by one the Governor’s appointees from each of the State’s congressional districts to the North Carolina Museum of Art’s Board of Trustees. Makes conforming changes to the total number of members.

Section 2

Amends GS 121-4 by amending the Department of Natural and Cultural Resources’ (DNCR) power, with approval from the Historical Commission, to dispose of accessioned records, artifacts, and furnishings determined to have no further use or value for official or administrative purposes or for research and reference purposes, by (1) expanding the power to also include disposal of agricultural products and (2) specifying that the power is regardless of Article 3A (Surplus Property) of GS Chapter 143, GS 143-49(4) (concerning the Secretary of Administration’s supervision of inventories of all tangible personal property belonging to the State government, or any of its departments, institutions, or agencies), or any other laws pertaining to surplus State property.

Amends GS 121-7 by amending DNCR’s power, with approval from the Historical Commission, to sell, trade, or place on loan artifacts owned by the State and in the custody of and curated by the Office of Archives and History, by (1) expanding this power to also include the lease or donation of the artifacts and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Make conforming changes.

Amends GS 121-7.1 by amending DNCR’s power, with approval from the Historical Commission, to sell, trade, or place on loan artifacts from the North Carolina Maritime Museum by expanding this power to also include the lease or donation of the artifacts. Makes conforming changes.

Amends GS 121-20 by amending the Tryon Palace Commission’s power to dispose of by trade, sale, or transfer any accessioned or unaccessioned artifacts and furnishings that are determined to have no further value for official or administrative purpose or for research, reference, or interpretation, by (1) expanding this power to also include the lease or donation of the artifacts and furnishings and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Makes conforming changes.

Amends GS 140-5.14 by amending the powers of the North Carolina Museum of Art’s Board of Trustees by amending the power, after consultation with the Secretary of Natural and Cultural Resources, to (1) exchange works of art owned by the museum for others, by adding that this is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property and (2) sell ay work of art owned by the museum if it is in the museum’s best interest, to also allow leasing or donating the work, and specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Makes conforming changes.

Amends GS 143B-79 by amending the Executive Mansion Fine Arts Committee’s power to dispose of property held in the mansion by (1) expanding this power to also include the lease of the property and (2) specifying that the power is regardless of Article 3A of GS Chapter 143, GS 143-49(4), or other laws pertaining to surplus State property. Make conforming changes.

Amends GS 143B-135.182, by amending the powers of the Division of North Carolina Aquariums to dispose of exhibits, exhibit components, or objects from the collections by trade, sale, or trade, by (1) expanding this power to also include the donation of those items and (2) specifying that the power is regardless of any other laws pertaining to surplus State property. Makes conforming changes.

Amends GS 143B-135.223 by amending DNCR’s power to sell or exchange objects from the collection of the Museum of Natural Sciences to now allow for the sale, lease, donation, or trade of those items. Makes conforming changes. 

Section 3 

Amends GS 132-11 (setting 100-year time limit on the confidentiality of certain public records) to delete probationer, parolee, post releasee, and prison inmate records (including mental health and medical records) from list of records that are exempt from the expiration of confidentiality so that only juvenile court records would fall under that exemption.

Section 4

Repeals subdivision 3 of Section 2 of SL 2012-93, which requires the Department of Environment and Natural Resources (DENR) [now DEQ] to validate the number of visitors per car used in the calculation of visitor counts at State parks no less frequently than every five years and sets deadlines for the first report due. 

Amends GS 143B-135.48 (requiring DNCR to make a state parks system plan) to make technical changes and to add the requirement that the plan ensures that the state parks system  plan validates the number of visitors per car used in the calculation of visitor counts at units in the state parks system. 

Section 5 

Amends GS 143B-135.272 to remove reference to repealed statute.

Section 6 

Amends GS 66-58 (governing conditions for sale of services or merchandise by governmental units) as follows. Amends exemption from the general bar on sale of services or merchandise by governmental units to allow DNCR to operate lodging facilities located at Haw River State Park, Hanging Rock State Park, and Pisgah View State Park as well as a hotel and related facilities operated by a private entity on land leased from the North Carolina Zoological Park as authorized hotel or tourist inns (current law only references DNCR’s ability to lease land from the North Carolina Zoological Park to a private entity to operate a hotel and related facilities). Specifies that hotels or tourists inns do not include rentals of rustic cabins and recreational vehicles or tent sites in state parks.

Section 7 

Amends GS 143B-235.204 to add donation to the list of transactions (currently, just sale, lease, or trade) related to zoo park property must be conducted under certain practices.

Amends GS 143B-135.205 (establishing duties and powers of North Carolina Zoological Park Council [NCZPC]) as follows.  Changes the NCZPC’s power from approving conceptual plans for the North Carolina Zoological Park (Zoo) and its buildings to advising the Secretary on those things. Changes the NCZPC’s power to establish and set admission fees to recommending admission fees for the approval of the Secretary. 

Amends GS 143B-209(c) (governing uses of the funds from the North Carolina Zoo Fund) as follows. Specifies that the Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the Zoo that comply with certain criteria (currently, the Secretary may approve use of the zoo fund for repair and renovation projects recommended by the NCZPC). Makes other clarifying change.

Amends GS 143B-135.210 to allow both the NCZPC and the Secretary to receive gifts to promote the Zoo (currently, only NCZPC has such authorization).

Amends GS 143B-135.213 to remove references to the NCZPC as an entity authorized to expend private funds for the Zoo to replace NCZPC with the Secretary as that authorized party (currently NCZPC can expend such funds under the supervision and approval and with the assistance of the Secretary). Makes other conforming changes.  Specifies that the Secretary can set admission fees to the Zoo as recommended by the NCZPC (currently, NCZPC sets admission fees with the approval of the Secretary).  Authorizes the Secretary to dispose of Zoo exhibits by sale, lease, donation, or trade and requires those disposals be done under certain conditions (currently, NCZPC is the authorized party, and it can only dispose of Zoo exhibits by sale, lease or trade).

Amends GS 143B-135.214 to remove the NCZPC as party who can exercise powers related to fee negotiations, contracts, and capital improvements (including power to conduct certain fee negotiations and to develop certain procedures related to building projects) so that the DNCR exercises these powers and responsibilities solo.  Makes other conforming changes.

Section 8

Amends GS 143B-135.238 to provide that an award of a grant under Part 41, Clean Water Management Trust Fund, that requires a construction contract (was, a grant award in general) is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the execution of the grant contract (was, one year after the date of the award), unless there is good cause for the failure.

Section 9

Changes the title of and statutes throughout Part 41 of Article 2 of GS Chapter 143B by renaming the Clean Water Management Trust Fund (CWMFT) as the North Carolina Land and Water Fund (NCLWF); makes conforming changes to GS 20-79.7, GS 143-214.14, GS 143-215.71, GS 143B-53, and GS 146-30.2.

Section 10

Amends GS 143-260.10 by adding to the components of the State Nature and Historic Preserve certain tracts within and in the vicinity of the National Landmark Historic District of Bethania in Forsyth County containing approximately 189.84 acres, identified as specified, and assigned to DNCR as of June 7, 2022.