H.B. 168
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 21, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10085-MHy-25
Short Title: DNCR Agency Bill.-AB (Public)
Sponsors: Representative K. Hall.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE
3 DEPARTMENT OF NATURAL AND CULTURAL RESOURCES, AS RECOMMENDED
4 BY THE DEPARTMENT.
5 The General Assembly of North Carolina enacts:
6
7 NORTH CAROLINA MUSEUM OF ART BOARD OF TRUSTEES
8 SECTION 1. G.S. 140-5.13(b) reads as rewritten:
9 "(b) The Board of Trustees of the North Carolina Museum of Art shall consist of 25 26
10 members, chosen as follows:
11 (1) The Governor shall appoint 13 14 members, one from each congressional
12 district in the State in accordance with G.S. 147-12(3b);
13 (2) Repealed by Session Laws 2012-120, s. 1(e), effective October 1, 2012.
14 (3) The North Carolina Museum of Art Foundation, Incorporated, shall elect four
15 members;
16 (4) The Board of Trustees of the North Carolina Museum of Art shall elect four
17 members;
18 (5) The General Assembly shall appoint four members, two upon the
19 recommendation of the Speaker of the House of Representatives, and two
20 upon the recommendation of the President Pro Tempore of the Senate in
21 accordance with G.S. 120-121;
22 (6) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191, s. 49.
23 All regular appointments or elections except those by the General Assembly shall be for terms
24 of six years, except that each member shall serve until the member's successor is chosen and
25 qualifies. No person may be appointed or elected to more than two consecutive terms of six years.
26 All appointments by the General Assembly shall be for terms of four years, with no person being
27 appointed to more than three consecutive terms."
28
29 CLARIFY SURPLUS PROPERTY PROCESS FOR MUSEUMS AND AQUARIUMS
30 SECTION 2.(a) G.S. 121-4 reads as rewritten:
31 "§ 121-4. Powers and duties of the Department of Natural and Cultural Resources.
32 The Department of Natural and Cultural Resources shall have the following powers and
33 duties:
34 …
35 (12) With the approval of the Historical Commission, Commission, and
36 notwithstanding Article 3A of Chapter 143 of the General Statutes,
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 General Assembly Of North Carolina Session 2023
1 G.S. 143-49(4), or any other law pertaining to surplus State property, to
2 dispose of any accessioned records, artifacts, and furnishings furnishings, and
3 agricultural products in the custody of the Department that are determined to
4 have no further use or value for official or administrative purposes or for
5 research and reference purposes.
6 …."
7 SECTION 2.(b) G.S. 121-7 reads as rewritten:
8 "§ 121-7. Historical museums.
9 (a) The Department of Natural and Cultural Resources shall maintain and administer
10 State historic sites and museums under the management of the Office of Archives and History
11 for the collection, preservation, study, and exhibition of authentic artifacts and other historical
12 materials relating to the history and heritage of North Carolina. The Department, with the
13 approval of the Historical Commission, may acquire, either by purchase, gift, or loan such
14 artifacts and materials, and, having acquired them, shall according to accepted museum practices
15 classify, accession, preserve, and where feasible exhibit such materials and make them available
16 for study. Within available funds, one or more branch museums of history or specialized regional
17 history museums may be established and administered by the Department. The Department of
18 Natural and Cultural Resources, subject to the availability of staff and funds, may give financial,
19 technical, and professional assistance to nonstate historical museums sponsored by governmental
20 agencies and nonprofit organizations according to regulations adopted by the North Carolina
21 Historical Commission.
22 The Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or
23 any other law pertaining to surplus State property, the Department of Natural and Cultural
24 Resources may, with the explicit approval of the North Carolina Historical Commission sell,
25 lease, donate, trade, or place on loan any artifact owned by the State of North Carolina and in the
26 custody of and curated by the Office of Archives and History, unless the sale, lease, donation,
27 trade, or loan would be contrary to the terms of acquisition. The net proceeds of any sale, sale or
28 lease, after deduction of the expenses attributable to that sale, sale or lease, shall be deposited in
29 the Office of Archives and History Artifact Fund to the credit of the museum or archives that had
30 custody of the artifact sold or leased and shall be used only for the expenses associated with the
31 purchase, maintenance, or conservation of other artifacts. No artifact curated by any agency of
32 the Department of Natural and Cultural Resources may be pledged or mortgaged.
33 …."
34 SECTION 2.(c) G.S. 121-7.1 reads as rewritten:
35 "§ 121-7.1. Maritime Museum; disposition of artifacts.
36 Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any
37 other law pertaining to surplus State property, the Department of Natural and Cultural Resources,
38 with the approval of the North Carolina Historical Commission, may sell, lease, donate, trade, or
39 place on permanent loan any artifact from the collection of the North Carolina Maritime Museum
40 unless the sale, lease, donation, trade, or loan would be contrary to the terms of the acquisition.
41 Sales or exchanges shall be conducted in accordance with generally accepted practices for
42 accredited museums. If an artifact is sold, sold or leased, the net proceeds of the sale or lease
43 shall be deposited in the State treasury to the credit of a special fund to be used for the
44 improvement of the Museum's collections or exhibits."
45 SECTION 2.(d) G.S. 121-20 reads as rewritten:
46 "§ 121-20. Commission to receive and expend funds donated or made available for
47 restoration of Tryon's Palace; Commission to acquire and sell artifacts for
48 Tryon's Palace.
49 …
50 (b) The Tryon Palace Commission may solicit, accept, and hold artifacts and furnishings,
51 and may acquire them by purchase or gift for the interpretive needs and development of Tryon
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1 Palace Historic Sites and Gardens. The Notwithstanding Article 3A of Chapter 143 of the General
2 Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Commission
3 may dispose of by trade, sale, lease, donation, or transfer, in accordance with accepted museum
4 practices, any accessioned or unaccessioned artifacts and furnishings in the custody of the
5 Commission, or its appointed officers, that are determined to have no further value for official or
6 administrative purposes or for research, reference, or interpretation. Any proceeds realized
7 through the deaccession and sale or lease of artifacts and furnishings shall be placed in a
8 collections fund administered by the Tryon Palace Commission. Monies received by the
9 Commission, after deduction of the expenses attributable to that sale, sale or lease, shall be used
10 for the acquisition of artifacts and furnishings necessary or desirable for research, reference, and
11 interpretation at Tryon Palace Historic Sites and Gardens.
12 (c) Funds (i) received by the Commission from donations, devises, or grants of cash or
13 securities or (ii) generated from the sale or lease of deaccessed or unaccessed artifacts and
14 furnishings in accordance with subsection (b) of this section are hereby appropriated for the
15 purposes set forth in this section or in the terms of the donation, devise, or grant and shall require
16 no further act of the General Assembly in order to be expended by the Commission. These
17 expenditures must follow the applicable procedures and requirements set forth in this section.
18 …."
19 SECTION 2.(e) G.S. 140-5.14 reads as rewritten:
20 "§ 140-5.14. Board of Trustees – powers and duties.
21 The Board of Trustees is the governing body of the North Carolina Museum of Art and has
22 the following powers and duties:
23 …
24 (8) After consultation with the Secretary of Natural and Cultural Resources,
25 Resources and notwithstanding Article 3A of Chapter 143 of the General
26 Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property,
27 to exchange works of art owned by the North Carolina Museum of Art for
28 other works of art which, in the opinion of the Board, would improve the
29 quality, value, or representative character of the art collection of the Museum;
30 (9) After consultation with the Secretary of Natural and Cultural Resources,
31 Resources and notwithstanding Article 3A of Chapter 143 of the General
32 Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property,
33 to sell sell, lease, or donate any work of art owned by the North Carolina
34 Museum of Art if the Board finds that it is in the best interest of the Museum
35 to do so, unless such sale sale, lease, or donation would be contrary to the
36 terms of acquisition. The net proceeds of each such sale, sale or lease, after
37 deduction of the expenses attributable to that sale, sale or lease, shall be
38 deposited in the State treasury to the credit of "The North Carolina Museum
39 of Art Special Fund," and shall be used only for the purchase of other works
40 of art. No work of art owned by the North Carolina Museum of Art may be
41 pledged or mortgaged;
42 …."
43 SECTION 2.(f) G.S. 143B-79 reads as rewritten:
44 "§ 143B-79. Executive Mansion Fine Arts Committee – creation, powers and duties.
45 There is hereby created the Executive Mansion Fine Arts Committee. The Executive Mansion
46 Fine Arts Committee shall have the following functions and duties:
47 …
48 (7) The Notwithstanding Article 3 of Chapter 143 of the General Statutes,
49 G.S. 143-49(4), or any other law pertaining to surplus State property, the
50 Committee may dispose of property held in the Executive Mansion after
51 consultation with a review committee comprised of one person from the
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1 Executive Mansion Fine Arts Committee, appointed by its chairman; one
2 person from the Department of Administration appointed by the Secretary of
3 Administration; and two qualified professionals from the Department of
4 Natural and Cultural Resources, Division of Archives and History, appointed
5 by the Secretary of Natural and Cultural Resources. Upon request of the
6 Executive Mansion Fine Arts Committee, the review committee shall view
7 proposed items for disposition and shall make a recommendation to the North
8 Carolina Historical Commission who shall make a final decision. The
9 Historical Commission shall consider whether the disposition is in the best
10 interest of the State of North Carolina. If any property is sold, sold or leased,
11 the net proceeds of each sale or lease and any interest earned thereon shall be
12 deposited in the State Treasury to the credit of the Executive Mansion, Special
13 Fund, and shall be used only for the purchase, conservation, restoration, or
14 repair of other property for use in the Executive Mansion."
15 SECTION 2.(g) G.S. 143B-135.182 reads as rewritten:
16 "§ 143B-135.182. Division of North Carolina Aquariums – organization; powers and duties.
17 (a) The Division of North Carolina Aquariums shall be organized as prescribed by the
18 Secretary of Natural and Cultural Resources and shall exercise the following powers and duties:
19 …
20 (3) Notwithstanding Article 3A of Chapter 143 of the General Statutes, and
21 G.S. 143-49(4), or any other law pertaining to surplus State property, dispose
22 of any exhibit, exhibit component, or object from the collections of the North
23 Carolina Aquariums by sale, lease, donation, or trade. A sale, lease, donation,
24 or trade under this subdivision shall be conducted in accordance with
25 generally accepted practices for zoos and aquariums that are accredited by the
26 American Association of Zoos and Aquariums. After deducting the expenses
27 attributable to the sale or lease, the net proceeds of any sale or lease shall be
28 credited to the North Carolina Aquariums Fund.
29 …."
30 SECTION 2.(h) G.S. 143B-135.223 reads as rewritten:
31 "§ 143B-135.223. Museum of Natural Sciences; disposition of objects.
32 Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any
33 other law pertaining to surplus State property, the Department of Natural and Cultural Resources
34 may sell or exchange sell, lease, donate, or trade any object from the collection of the Museum
35 of Natural Sciences when it would be in the best interest of the Museum to do so. Sales or
36 exchanges Any sale, lease, donation, or trade under this section shall be conducted in accordance
37 with generally accepted practices for accredited museums. If an object is sold, sold or leased, the
38 net proceeds of the sale or lease shall be deposited in the State treasury to the credit of a special
39 fund to be used for the improvement of the Museum's collections or exhibits."
40
41 TIME LIMITATION ON CONFIDENTIALITY OF CERTAIN PUBLIC RECORDS
42 SECTION 3. G.S. 132-11 reads as rewritten:
43 "§ 132-11. Time limitation on confidentiality of records.
44 (a) Notwithstanding any other provision of law, all restrictions on access to public
45 records shall expire 100 years after the creation of the record.
46 (b) Subsection (a) of this section shall apply to any public record in existence at the time
47 of, or created after, August 18, 2015.
48 (c) No provision of this section shall be construed to authorize or require the opening of
49 any record that meets any of the following criteria:
50 (1) Is ordered to be sealed by any state or federal court, except as provided by that
51 court.
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1 (2) Is prohibited from being disclosed under federal law, rule, or regulation.
2 (3) Contains federal Social Security numbers.
3 (4) Is a juvenile, probationer, parolee, post-releasee, or prison inmate record,
4 including medical and mental health records.juvenile court record under
5 Article 30 of Chapter 7B of the General Statutes.
6 (5) Contains detailed plans and drawings of public buildings and infrastructure
7 facilities.
8 (d) For purposes of this section, the custodian of the record shall be the Department of
9 Natural and Cultural Resources or other agency in actual possession of the record."
10
11 STATE PARKS REPORT CONSOLIDATION
12 SECTION 4.(a) Subdivision (3) of Section 2 of S.L. 2012-93 is repealed.
13 SECTION 4.(b) G.S. 143B-135.48(a) reads as rewritten:
14 "(a) The Secretary shall prepare and adopt a State Parks System Plan by December 31,
15 1988. The Plan, at a minimum, shall:shall do all of the following:
16 (1) Outline a method whereby the mission and purposes of the State Parks System
17 as defined in G.S. 143B-135.42 can be achieved in a reasonable, timely, and
18 cost-effective manner;manner.
19 (2) Evaluate existing parks against these standards to determine their statewide