NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 210
HOUSE BILL 84
AN ACT TO AMEND CHAPTER 121 OF THE GENERAL STATUTES AS TO THE PURCHASE OF HISTORIC PROPERTIES, TO ESTABLISH A HISTORIC SITES ADVISORY COMMITTEE AND TO AMEND CHAPTER 143 OF THE GENERAL STATUTES AS TO THE APPROPRIATION OF FUNDS FOR HISTORIC SITES.
The General Assembly of North Carolina do enact:
Section 1. Section 7 of Chapter 121 of the General Statutes is hereby rewritten to read as follows:
"Sec. 7. Purchase of Historic Properties. The Department of Archives and History may, from funds appropriated to the Department for such purpose, acquire, preserve, restore, or operate historic or archeological real and personal properties, or may assist a county, municipality, or nonprofit corporation or organization in the acquisition, preservation, restoration, or operation of such properties by providing a portion of the cost therefor; provided, that no acquisition, preservation, restoration or operation of such properties shall be made by the State of North Carolina and no contribution shall be made from State funds toward such acquisition, preservation, restoration, or operation until (1) the property or properties shall have been approved for such purpose by the Department of Archives and History according to criteria adopted by the Historic Sites Advisory Committee, (2) the report and recommendation of the Historic Sites Advisory Committee has been received and considered by the Department of Archives and History, and (3) the Department of Archives and History has found that there is a feasible and practical method of providing funds for the acquisition, preservation, restoration, and operation of such property. If funds or contributions for such acquisition are not available, the Governor and Council of State may, upon the recommendation of the Department of Archives and History, allocate from the Contingency and Emergency Fund an amount sufficient to acquire an option on property or properties, which option shall continue until thirty (30) days after the adjournment sine die of the next General Assembly. State funds shall not be used for the purchase of property having historic or archeological significance unless the fee simple and unconditional title to such property is acquired by the State of North Carolina or by a county or city therein or by a nonprofit corporation or organization. Upon recommendation of the Department of Archives and History, the Governor and the Council of State are authorized to allocate funds from the Contingency and Emergency Fund for the immediate acquisition, preservation, restoration, or operation of historic or archeological real or personal properties. All funds hereinafter appropriated to purchase, restore, maintain or operate historic or archeological real and personal property shall be deemed to be subject to Section 31.2 of the Executive Budget Act unless the Statute making the appropriation shall in specific and express terms provide otherwise."
Sec. 2. Chapter 121 of the General Statutes is amended by adding new Sections immediately following G.S. 121-8, to be designated as G.S. 121-8.1, G.S. 121-8.2, and G.S. 121-8.3 and to read as follows:
"G.S. 121-8.1. Historic Sites Advisory Committee. There is hereby created a Historic Sites Advisory Committee which shall consist of seven (7) members. The committee shall include the following: the State Budget Officer; the Chairman of the Department of History, University of North Carolina; Dean of the School of Design, North Carolina State College; Director of the Department of Conservation and Development; and three (3) persons to be appointed by the Governor for terms ending July 1, 1967 and every four (4) years thereafter. One (1) of the members to be appointed by the Governor shall reside in the Piedmont, one (1) shall reside in the eastern section of the State, and one (1) shall reside in the western section of the State. The committee shall elect one (1) of its members as chairman, and the Director of the Department of Archives and History shall serve as secretary. Each ex officio member of the committee is authorized to designate a member of his staff to represent him at meetings of the committee.
"G.S. 121-8.2. Duties of Historic Sites Advisory Committee. The Historic Sites Advisory Committee shall develop criteria for the evaluation of State historic sites and all real and personal property which may be considered to be of such historic or archeological importance as would justify the acquisition and ownership thereof by the State of North Carolina, acting by itself or in connection with any county, city, or town, or any group of citizens or organizations. The committee shall also develop criteria for the evaluation of all historic or archeological properties owned by or under option to a county, city, town, nonprofit corporation or organization for which State aid is requested. The committee shall investigate and evaluate all proposed historic and archeological property for which State appropriations are suggested to determine if the property is historically authentic and significant, if it is essential to the development of a balanced program of historic sites, and if practical plans can be developed for financing, maintaining and operating the site. The committee shall make a written report of its findings and recommendations with respect to all such historic or archeological sites which shall be filed as a matter of record in the custody of the Department of Archives and History. The report shall set out in such detail as may be necessary the amount of money which will have to be expended for the restoration of any such property and the manner and method by which the maintenance and operation should be carried on, and the sources from which funds may be derived for such purpose.
"G.S. 121-8.3. Director of the Department of Archives and History to Furnish Copies of Recommendations of Historic Sites Advisory Committee to Legislative Committees. The Director of the Department of Archives and History shall furnish to the chairmen of each legislative committee to which is referred any bill seeking an appropriation of funds for the purposes of acquiring, preserving, restoring, or operating any property having historic value or significance, at least five copies of the written report of the findings and recommendations of the Historic Sites Advisory Committee theretofore filed with said department relating to the particular property or properties described in the bill. The copies of the findings and recommendations of the Historic Sites Advisory Committee shall be furnished to the legislative committee chairman or chairmen as soon as practicable."
Sec. 3. Article 1 of Chapter 143 is amended by adding following Section 31.1 a new Section 31.2 to read as follows:
"Sec. 31.2. Appropriation, Allotment, and Expenditure of Funds for Historic and Archeological Property. No funds of the State of North Carolina shall be appropriated, allotted, or expended for the acquisition, preservation, restoration, or operation of historic or archeological real and personal property, and the Director of the Budget shall not allot any appropriations for a particular historic site until (1) the property or properties shall have been approved for such purpose by the Department of Archives and History according to criteria adopted by the Historic Sites Advisory Committee, (2) the report and recommendation of the Historic Sites Advisory Committee has been received and considered by the Department of Archives and History, and (3) the Department of Archives and History has found that there is a feasible and practical method of providing funds for the acquisition, restoration and/or operation of such property."
Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are repealed.
Sec. 5. This Act shall take effect upon ratification.
In the General Assembly read three times and ratified, this the 12th day of April, 1963.