NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 861
HOUSE BILL 51
AN ACT TO AMEND G.S. 121 and G.S. 143B TO PROVIDE A REVIEW FOR STATE APPROPRIATION FOR HISTORICAL MUSEUMS.
Whereas, the North Carolina General Assembly is increasingly requested to appropriate funds to support nonstate-owned museum programs and projects with funds of the State of North Carolina; and
Whereas, it is desirable for the General Assembly to have the impartial and professional advice of the North Carolina Historical Commission on those programs and projects which may or may not portray an accurate picture of the State's history, which may or may not deal with significant portions of the State's history, and which may or may not represent sound professional principles and standards; and
Whereas, the North Carolina Historical Commission has since 1963 under provisions of the General Statutes served successfully as an impartial and professional judge of appropriations requests for the preservation or restoration of historic properties to the benefit of the legislative process of North Carolina; and
Whereas, it is the sense of the General Assembly that the same standards of professionalism and of historical significance should be extended to other programs and projects relating to history; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. G.S. 121-7 is hereby amended by rewriting the fourth sentence thereof to read as follows:
"The Department of Cultural Resources, subject to the availability of staff and funds, may give financial, technical, and professional assistance to nonstate historical museums sponsored by governmental agencies and nonprofit organizations according to regulations adopted by the North Carolina Historical Commission."
Sec. 2. G.S. 121-11 is amended by adding two new paragraphs after subdivision (4) to read as follows:
"In further consideration of the public purpose thereby achieved, the Department of Cultural Resources may assist any county, city, or other political subdivision, or corporation nonprofit history museum in the development of interpretive, security or climate control programs or projects. Provided, that no assistance may be made by the State of North Carolina and no contribution for these purposes may be made from State funds until:
(1) The program or project shall have been approved for these purposes by the Department of Cultural Resources according to criteria adopted by the North Carolina Historical Commission;
(2) The report and recommendations of the Commission have been received and considered by the Department of Cultural Resources; and
(3) The Department has found that there is a feasible and practical method of providing funds for the maintenance and operation of such history museum.
In all cases where assistance is extended to nonstate owners of history museums, whether from State funds or otherwise, it shall be a condition of assistance that:
(1) The museum assisted shall be accessible to the public at such times and upon such terms as the Department of Cultural Resources shall by rule prescribe;
(2) Plans for the development of museum programs or projects be reviewed and approved by the Department of Cultural Resources;
(3) The expenditure of such funds be supervised by the Department of Cultural Resources; and
(4) Such expenditures be accounted to the Department in a manner and at such times as are satisfactory to it." (1973, c. 476, s. 48)
Sec. 3. G.S. 121-12(c) is amended by rewriting the title to read as follows:
"(c) Criteria for State Aid to Historic Properties."
Sec. 4. G.S. 121-12 is amended by the inclusion of a paragraph following subsection (c) as follows:
"(d) Criteria for State Aid to Historical Museums. The Commission shall also prepare and adopt criteria for the evaluation of all interpretive, security or climate control programs or projects to be installed in nonprofit history museums for which State aid or assistance is requested. The Commission shall investigate, evaluate, and prepare a written report on all interpretive, security, or climate control programs or projects for which State appropriations are proposed. This report, which shall be filed as a matter of record in the custody of the Department of Cultural Resources, shall set forth the following opinions or recommendations of the Commission:
1. The statewide educational significance and the qualitative level of the program or project and whether the program or project is essential to the development of a State program of historical interpretation;
2. The local or regional need for such a program or project;
3. The estimated total cost of the program or project under consideration and the apportionment of said cost among State and nonstate sources;
4. Whether practical plans have been or can be developed for the funding of the nonstate portions of the costs;
5. Whether practical plans have been developed for the continued staffing, maintenance, and operating of the museum without State assistance; and
6. Such further comments and recommendations that the Commission may make."
Sec. 5. G.S. 121-12(d) is amended by substitution of the letter (e) for the letter (d) as a subdivision indication.
G.S. 121-12(d) is further amended by inserting after the word "significance," the following clause:
"and to the chairman of each legislative committee to which is referred any bill seeking an appropriation of State funds for the purpose of assisting a history museum,".
Sec. 6. G.S. 143B-62(2) is amended by inserting a new subdivision between subsections f. and g. as follows:
"g. For the extension of State aid or appropriations to nonstate-owned nonprofit history museums."
G.S. 143B-62(2) is further amended by changing the current subsection designation (g) to (h).
Sec. 7. This act shall become effective on July 1, 1979.
In the General Assembly read three times and ratified, this the 8th day of June, 1979.