Bill Summary – FastDemocracy

H.B. 471
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Mar 31, 2021
                                      SESSION 2021                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                  HOUSE BILL DRH30228-LGa-74A
     Short Title:   Tryon Palace Commission Modifications.                                      (Public)
     Sponsors:      Representative Tyson.
     Referred to:
                                   A BILL TO BE ENTITLED
 AN ACT MODIFYING THE LAWS RELATING TO THE POWERS, DUTIES, EMPLOYEES,
     AND EXPENDITURES OF THE TRYON PALACE COMMISSION, AUTHORIZING
     THE TRYON PALACE COMMISSION TO USE THIRD-PARTY ONLINE TICKET
     SALE SERVICES, AND APPROPRIATING FUNDS TO PAY INITIAL THIRD-PARTY
     CONTRACTOR FEES.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 121-20 reads as rewritten:
 "§ 121-20. Commission to receive and expend funds donated or made available for
             restoration of Tryon's Palace; Commission to authorize third-party online ticket
             sale services; Commission to acquire and sell artifacts for Tryon's Palace.
     (a)     In addition to exercising the powers and duties imposed upon the Tryon Palace
 Commission by Chapter 791 of the Session Laws of 1945 and Chapter 233 of the Session Laws
 of 1949, the Tryon Palace Commission is hereby fully authorized and empowered to receive and
 expend and disburse, for the restoration of the said Tryon's Palace, all such funds and property
 which were provided for said this purpose by the last will and testament of Maude Moore Latham,
 deceased, and the said Commission shall likewise have the power and authority to receive and
 expend all such other funds funds, including, without limitation, funds in the Tryon Palace
 Historic Sites and Gardens Fund, as may be donated or made available for the purpose of
 restoring the said Palace or for the purpose of furnishing and equipping same restoring,
 furnishing, and equipping the Palace and the grounds on which the same Palace is located at New
 Bern, North Carolina.
     The Tryon Palace Commission is hereby authorized, empowered and directed to designate
 some person as financial officer and treasurer, to disburse the funds and property devised by
 Maude Moore Latham to the said Tryon Palace Commission for the aforesaid purpose and all
 such other funds as may be donated or made available to the said Commission for expenditure
 for the aforesaid purposes. The said financial officer and treasurer shall be made the custodian of
 all stocks, bonds and securities and funds hereinbefore referred to and shall be authorized and
 empowered to sell, convert and transfer any stocks, bonds and securities held for such this
 purpose, subject to and with the advice and approval of a finance committee to be appointed by
 the Tryon Palace Commission for such this purpose. The sale and conversion and transfer of said
 the securities shall be made when necessary to provide funds required for the said restoration and
 at such any time as, in the opinion of the finance officer and treasurer, when approved by the
 finance committee, will be to the interests and advantage of the Tryon Palace Commission and
 the purposes for which said the funds and securities were provided.
                                 *DRH30228-LGa-74A*
     General Assembly Of North Carolina                                                    Session 2021
     The finance officer and treasurer aforesaid shall be required to give such the bond as, in the
 opinion of the Tryon Palace Commission, is proper for the faithful performance as finance officer
 and treasurer, and shall render to the Tryon Palace Finance Committee, with copies to the
 Department of Natural and Cultural Resources and the State Treasurer, annual or ad interim
 detailed reports of moneys and/or securities received, exchanged or converted into cash. Checks
 issued against such the funds shall be countersigned by the chairman chair of Tryon Palace
 Commission, or by one duly authorized by the said Commission.
     The finance officer and treasurer shall serve without compensation; however, any expenses
 incurred for the faithful performance of said the duties, including the cost of the bond, shall be
 borne by the Tryon Palace Commission, from the proceeds of the funds thus handled.
     The Tryon Palace Commission shall have the power and authority in its discretion to call
 upon the Treasurer of the State of North Carolina to act as treasurer of the said funds and
 properties and, if so designated, said the treasurer shall exercise all the powers and duties herein
 imposed upon the financial officer and treasurer hereinbefore referred to.
     The Tryon Palace Commission is hereby authorized and empowered to expend the funds
 hereinbefore referred to and it may disburse said the funds through the Department of Natural
 and Cultural Resources in the event it is found more practical to do so, and said the Commission
 shall cooperate with the Department of Natural and Cultural Resources of the State of North
 Carolina in the expenditure of the funds for the restoration of said Tryon's Palace provided by
 two trust funds created by Maude Moore Latham in her lifetime, which funds shall be expended
 in accordance with the terms and provisions of said the trusts for the purposes therein set out.
     (a1) The Commission may authorize the use of third-party online ticket sale services for
 the purchase of admission, special events, or other ticket sales offered for access to the Tryon
 Palace complex or Tryon Palace–sponsored events. Funds realized as a result of third-party
 online ticket sale services shall be credited to the Tryon Palace Historic Sites and Gardens Fund.
     …."
             SECTION 2. G.S. 121-21.1 reads as rewritten:
 "§ 121-21.1. Tryon Palace Historic Sites and Gardens Fund.
     (a)     Fund. – The Tryon Palace Historic Sites and Gardens Fund is hereby created as a
 special, interest-bearing, and nonreverting fund in the Division of Tryon Palace Historic Sites
 and Gardens. The Fund shall be treated as a special trust fund and shall be credited with interest
 by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3. The Fund shall be used for
 repair, renovation, expansion, and maintenance at Tryon Palace Historic Sites and Gardens.
     (b)     Disposition of Fees. – All entrance fee receipts and special event receipts and all
 proceeds from the sale or other disposal of Tryon Palace complex real estate shall be credited to
 the Tryon Palace Historic Sites and Gardens Fund.
     …."
             SECTION 3. G.S. 143B-71 reads as rewritten:
 "§ 143B-71. Tryon Palace Commission – creation, powers, and duties.
     (a)     There is hereby created the Tryon Palace Commission of the Department of Natural
 and Cultural Resources with the power and duty to adopt, amend, and rescind rules and
 regulations concerning the restoration restoration, supervision, management, and maintenance of
 the Tryon Palace complex, complex, its real estate and collections, and with other powers and
 duties as provided in Chapter 791 of the Session Laws of 1945, Chapter 233 of the Session Laws
 of 1949, Part 7 of Article 2 of Chapter 143B of the General Statutes, and Article 2 of Chapter
 121 of the General Statutes, including the authority to charge reasonable admission and related
 activity fees. The Commission is exempt from the requirements of Chapter 150B of the General
 Statutes and G.S. 12-3.1 when adopting, amending, or repealing rules for operating hours and
 admission fees or related activity fees at Tryon Palace Historic Sites and Gardens.
     (b)     The Commission shall have all of the powers necessary to execute the provisions of
 this Part, which shall include at least the following powers:
     Page 2                                                                       DRH30228-LGa-74A
     General Assembly Of North Carolina                                                   Session 2021
            (1)      To make contracts, adopt and use a common seal, employ consulting
                     engineers, architects, attorneys, real estate counselors, appraisers, and other
                     consultants and employees as may be required in the judgment of the
                     Commission, and fix and pay their compensation from funds available to the
                     Commission.
             (2)     To adopt, alter, or repeal its own bylaws or rules implementing the provisions
                     of this Chapter.
             (3)     To receive and use appropriations from the State, including an appropriation
                     from the proceeds of State general obligation bonds or notes.
     (c)     In executing the powers provided in subsection (b) of this section, the Commission
 through its chair or other designee shall communicate policy to the executive director or the
 executive director's designee, who shall have the duty and authority to execute the policy of the
 Commission. No member of the Commission shall have the responsibility or authority to give
 operational directives to any employee of the Department of Natural and Cultural Resources
 except in accordance with this subsection."
             SECTION 4. Chapter 143B of the General Statutes is amended by adding a new
 section to read:
 "§ 143B-72.1. Tryon Palace Commission – employees; duties.
     The Department of Natural and Cultural Resources is authorized to hire laborers, artisans,
 caretakers, stenographic and administrative employees, and other personnel, in accordance with
 the provisions of the North Carolina Human Resources Act, as may be necessary or directed by
 the Commission in carrying out the purposes and provisions of this Article. The Department of
 Natural and Cultural Resources shall maintain the Tryon Palace complex in a clean, neat, and
 attractive condition satisfactory for exhibition to the public. The Executive Director of the Tryon
 Palace Historic Sites and Gardens shall be selected by the Secretary of the Department of Natural
 and Cultural Resources from one or more candidates recruited and approved by the
 Commission."
             SECTION 5. There is appropriated from the General Fund to the Department of
 Natural and Cultural Resources the sum of one hundred thousand dollars ($100,000) to be
 allocated to the Tryon Palace Commission to pay initial third-party ticket contractor fees and to
 promote the use of online ticket sales for access to the Tryon Palace complex or Tryon Palace–
 sponsored events.
             SECTION 6. This act becomes effective July 1, 2021.
     DRH30228-LGa-74A                                                                            Page 3
Statutes affected: 
Filed: 121-20, 121-21.1, 143B-71
Edition 1: 121-20, 121-21.1, 143B-71