NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 1306

HOUSE BILL 1702

AN ACT TO PROVIDE FOR THE GOVERNMENT OF THE NORTH CAROLINA MUSEUM OF ART.

The General Assembly of North Carolina enacts:

Section 1.  Article 1 of Chapter 140 of the General Statutes is rewritten to read as follows:

"Article 1.

"North Carolina Museum of Art.

"§ 140-1.  Agency of State; functions. — The North Carolina Museum of Art is an agency of the State of North Carolina within the Department of Cultural Resources. The functions of the North Carolina Museum of Art shall be to acquire, preserve, and exhibit works of art for the education and enjoyment of the people of the State, and to conduct programs of education, research, and publication designed to encourage an interest in and an appreciation of art on the part of the people of the State.

"§ 140-2.  Board of Trustees—establishment, members; selection; quorum; compensation; officers; meetings. — (a) It is the duty of the Department of Cultural Resources to develop policy and to establish and enforce standards for resources, services, and programs involving the arts and the cultural aspects of the lives of the citizens of North Carolina. To attain these objectives, there is hereby established within the Department of Cultural Resources the Board of Trustees of the North Carolina Museum of Art.

(b)        The Board of Trustees of the North Carolina Museum of Art shall consist of 22 members, chosen as follows:

(1)        The Governor shall appoint eight members;

(2)        The North Carolina Art Society, Incorporated, shall elect four members;

(3)        The North Carolina Museum of Art Foundation, Incorporated, shall elect four members;

(4)        The Board of Trustees of the North Carolina Museum of Art shall elect four members;

(5)        The President of the Senate shall appoint one member; and

(6)        The Speaker of the House of Representatives shall appoint one member of the House of Representatives.

All regular appointments or elections except those by the President of the Senate or the Speaker of the House shall be for terms of six years, except that each member shall serve until his successor is chosen and qualifies. No person may be appointed or elected to more than two consecutive terms of six years. All regular appointments by the President of the Senate and the Speaker of the House of Representatives shall be for the then current legislative term, and no appointee of the President of the Senate or of the Speaker of the House may be appointed to more than two consecutive terms of two years.

(c)        Every vacancy occurring in the regular membership of the Board of Trustees prior to the expiration of a term shall be filled by the same authority and in the same manner as the vacating member was chosen, and the successor member so chosen shall serve for the remainder of the unexpired term of the vacating member.

(d)        All initial appointments and elections to the Board of Trustees shall be made on July 1, 1980, or as soon as feasible thereafter except as provided in this subsection, and the terms of all except the legislative members shall expire on June 30, 1983, or June 30, 1986, as the case may be. In order to establish regularly overlapping terms, initial appointments and elections to the Board of Trustees shall be made as follows:

(1)        Four members at large shall be appointed by the Governor for initial terms of three years and four members at large shall be appointed by the Governor for initial terms of six years.

(2)        One member shall be elected by the North Carolina Art Society, Incorporated, for an initial term of three years and two members shall be elected by that Society for initial terms of six years.

(3)        One member shall be elected by the North Carolina Museum of Art Foundation, Incorporated, for an initial term of three years and two members shall be elected by that Foundation for initial terms of six years.

(4)        One member shall be elected by the Art Commission prior to July 1, 1980, for an initial term of three years and two members shall be elected by that Commission for initial terms of six years. Upon the expiration of the terms of those three members, their successors shall be elected by the Board of Trustees of the North Carolina Museum of Art.

(5)        Three members shall be elected by the State Art Museum Building Commission to serve until the termination of that Commission or until June 30, 1983, whichever shall first occur. Upon the termination of the terms of those three members, should such termination occur prior to June 30, 1983, their successors shall be elected as follows: one by the North Carolina Art Society, Incorporated, one by the North Carolina Museum of Art Foundation, Incorporated, and one by the Board of Trustees of the North Carolina Museum of Art; the terms of the successor members so elected shall expire on June 30, 1983. On July 1, 1983, or as soon as feasible thereafter, the successors of these three members shall be elected for terms of six years, as follows: one by the North Carolina Art Society, Incorporated, one by the North Carolina Museum of Art Foundation, Incorporated, and one by the Board of Trustees of the North Carolina Museum of Art.

(6)        One member shall be appointed by the President of the Senate to serve for the remainder of the then current legislative term.

(7)        One member of the House of Representatives shall be appointed by the Speaker of the House of Representatives to serve for the remainder of his legislative term.

Every vacancy occurring in the initial membership of the Board of Trustees prior to the expiration of a term of office shall be filled by the same authority and in the same manner as the vacating member was chosen and the successor member so appointed shall serve for the remainder of the unexpired term of the vacating member.

(e)        Any member of the Board of Trustees may be removed from office by the authority that appointed or elected that member for misfeasance, malfeasance, or nonfeasance in office. In the case of an appointment made by the Governor, removal shall be made in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

(f)         A public officer who is appointed or elected to serve on the Board of Trustees shall be deemed to serve thereon as a trustee ex officio and his duties as a trustee shall be deemed additional duties of his primary public office.

(g)        The Board of Trustees shall have a Chairman, A Vice-Chairman, and such other officers as the Board deems necessary. The Chairman shall be designated by the Governor from among the members of the Board. The Vice-Chairman shall be elected by and from among the members of the Board. The Chairman and Vice-Chairman shall be chosen for terms of two years or for so long as they are members of the Board, whichever is the shorter period. The Director of the North Carolina Museum of Art shall serve as Secretary to the Board of Trustees and shall attend all meetings, except when the Board is considering issues related to the Director's performance of duties.

(h)        The Board of Trustees shall meet at least once in each quarter. The Board may hold special meetings at any time and place within the State at the call of the Chairman. The Chairman may call a special meeting at his discretion, and he shall call a special meeting upon the written request of a majority of the authorized membership of the Board of Trustees.

(i)         A majority of the authorized membership of the Board of Trustees shall constitute a quorum for the transaction of business.

(j)         Members of the Board of Trustees who are officers or employees of State agencies or institutions shall receive from funds available to the Department of Cultural Resources subsistence and travel allowances at the rates authorized by G.S. 138-6. Legislative members of the Board of Trustees shall receive from funds available to the Department of Cultural Resources subsistence and travel allowances at the rates authorized by G.S. 120-3.1. All other members of the Board of Trustees shall receive from funds available to the Department of Cultural Resources per diem and travel and subsistence allowances at the rates authorized by G.S. 138-5.

(k)        All clerical and administrative services required by the Board of Trustees shall be supplied by the office of the Director of the North Carolina Museum of Art.

"§ 140-3.  Board of Trustees—powers and duties. — The Board of Trustees shall be the governing body of the North Carolina Museum of Art and shall have the following powers and duties:

(1)        To adopt bylaws for its own government;

(2)        To adopt policies, rules, and regulations for the conduct of the North Carolina Museum of Art;

(3)        To prescribe the powers and duties of the Director of the North Carolina Museum of Art, consistent with the provisions of this Article;

(4)        To establish such advisory boards and committees as it may deem advisable;

(5)        To advise the Secretary of Cultural Resources with respect to inspecting, appraising, obtaining attributions and evaluations of, transporting, exhibiting, lending, storing, and receiving upon consignment or upon loan of statuary, paintings, and other works of art of any and every kind and description that are worthy of acquisition, preservation, and exhibition by the North Carolina Museum of Art;

(6)        To advise the Secretary of Cultural Resources on the care, custody, storage, and preservation of all works of art acquired or received upon consignment or loan by the North Carolina Museum of Art;

(7)        After consultation with the Secretary of Cultural Resources, on behalf of and in the name of the North Carolina Museum of Art, to acquire by purchase, gift, or will, absolutely or in trust, from individuals, corporations, the federal government, or from any other source, money, works of art, or other property which may be retained, sold, or otherwise used to promote the purposes of the North Carolina Museum of Art as provided in G.S. 140‑1. The net proceeds of the sale of all property acquired under the provisions of this paragraph shall be deposited in the State Treasury to the credit of 'The North Carolina Museum of Art Special Fund';

(8)        After consultation with the Secretary of Cultural Resources, to exchange works of art owned by the North Carolina Museum of Art for other works of art which, in the opinion of the Board, would improve the quality, value, or representative character of the art collection of the Museum;

(9)        After consultation with the Secretary of Cultural Resources, to sell any work of art owned by the North Carolina Museum of Art if the Board finds that it is in the best interest of the Museum to do so, unless such sale would be contrary to the terms of acquisition. The net proceeds of each such sale, after deduction of the expenses attributable to that sale, shall be deposited in the State Treasury to the credit of 'The North Carolina Museum of Art Special Fund', and shall be used only for the purchase of other works of art. No work of art owned by the North Carolina Museum of Art may be pledged or mortgaged;

(10)      To make a biennial report to the Governor and the General Assembly on the activities of the Board of Trustees and of the North Carolina Museum of Art;

(11)      To adopt, amend, and rescind rules and regulations consistent with the provisions of this Article. All rules and regulations heretofore adopted by the Art Commission shall remain in full force and effect unless and until repealed or superseded by action of the Board. All rules and regulations adopted by the Board shall be enforced by the Department of Cultural Resources;

(12)      To determine the sites for expansion of the North Carolina Museum of Art with the approval of the Governor and Council of State and the North Carolina State Capital Planning Commission.

"§ 140-4.  Director of Museum of Art—appointment, dismissal; powers and duties; staff. — (a) The Secretary of Cultural Resources shall appoint the Director of the North Carolina Museum of Art from a list of not fewer than two nominees recommended by the Board of Trustees of the North Carolina Museum of Art.

(b)        The Secretary of Cultural Resources may dismiss the Director unless two-thirds of the authorized membership of the Board of Trustees shall vote to reverse that action in accordance with the following procedure: Upon dismissal of the Director, the Secretary shall give to the Chairman of the Board of Trustees written notice of that action. This notice shall be sent to the Chairman of the Board within 10 days after the Secretary makes a final decision on dismissal. The Chairman shall promptly communicate the notice of dismissal to all other Board members. Board action to consider reversal of the Secretary's decision shall be taken at a regular or special meeting called pursuant to G.S. 1402(h). Reversal of the Secretary's order of dismissal may be effected only by resolution adopted by an affirmative vote of two-thirds of the authorized membership of the Board of Trustees at a meeting held within 30 days after the Chairman of the Board receives from the Secretary written notice of dismissal of the Director. All ex officio members of the Board shall be entitled to vote on this question. The failure of two-thirds of the authorized membership of the Board of Trustees to vote to reverse the Secretary's order of dismissal within 30 days after the Chairman of the Board receives from the Secretary written notice of dismissal of the Director shall be deemed an affirmance of that order by the Board. A decision by the Board of Trustees to affirm or reverse the Secretary's order of dismissal shall be deemed a final decision of the Department of Cultural Resources. An appeal from the final agency decision shall be taken pursuant to Chapter 150A of the General Statutes.

(c)        The salary of the Director shall be fixed by the Governor with the approval of the Advisory Budget Commission after receiving the recommendation of the Board of Trustees.

(d)        The Director shall have the following powers and duties:

(1)        Under the supervision of the Board of Trustees, to direct and administer the North Carolina Museum of Art in accordance with the policies, rules, and regulations adopted by the Board of Trustees;

(2)        To employ such persons as are necessary to perform the functions of the North Carolina Museum of Art and are provided for in the budget of the Museum and to promote, demote, and dismiss such persons in accordance with State personnel policies, rules, and regulations. This paragraph shall not apply to Associate Directors and curators;

(3)        To serve as director of collections of the North Carolina Museum of Art;

(4)        To serve as Secretary to the Board of Trustees.

(e)        The Director, Associate Directors, and curators shall be exempt from the provisions of the State Personnel Act. The Board of Trustees shall adopt, subject to the approval of the Secretary of Cultural Resources, rules and regulations governing the employment, promotion, demotion, and dismissal of Associate Directors and curators.

"§ 140-5.  Gifts; special fund; exemption from taxation. — (a) All gifts of money to the North Carolina Museum of Art and all interest earned thereon shall be paid into the State Treasury and maintained as a fund to be designated 'The North Carolina Museum of Art Special Fund'.

(b)        All gifts made to the North Carolina Museum of Art shall be exempt from every form of taxation including, but not by way of limitation, ad valorem, intangible, gift, inheritance, and income taxation.

"§ 140-5.1.  State Art Museum Building Commission. — No provision of this Article shall to any extent abrogate or diminish the powers and duties of the State Art Museum Building Commission, provided for in Article 1A of Chapter 140 and in Part 3, Article 2, of Chapter 143B of the General Statutes."

Sec. 2.  Part 3 of Article 2 of Chapter 143B of the General Statutes is amended by the insertion therein of a new section, which shall read as follows:

"§ 143B-61.1.  Termination of the Art Museum Building Commission. — The Art Museum Building Commission shall continue to exercise its powers and perform its duties until:

(1)        The building now under construction, authorized, and to be designated as the North Carolina Museum of Art, is completed and has been dedicated and occupied;

(2)        The art collection of the State of North Carolina is suitably exhibited, displayed, or stored therein; and

(3)        The State Art Museum Building Commission has submitted its biennial report and any other report required by law, or until the State Art Museum Building Commission has made and submitted its final report to the General Assembly, whichever last occurs.

The Commission shall make a diligent effort to complete construction of the Museum building by the use of State funds already appropriated and gifts of private funds already pledged. Upon completion of the conditions set forth in paragraphs (1) through (3) of this section, Article 1A of Chapter 140 and Part 3 of Article 2 of Chapter 143B of the General Statutes shall no longer be pertinent."

Sec. 3.  Chapter 100 of the General Statutes is amended by deleting the words "the Art Commission or" from lines 5 and 10 of G.S. 100-2; lines 5, 6, 9, 10, and 11 of G.S. 100-3; lines 4 and 5 of G.S. 100-4; lines 2 and 3 of G.S. 100-5; lines 2 and 4 of G.S. 100-6; and line 7 of G.S. 100-7. The title of G.S. 100-4 is amended by deleting the words "Art Commission or".

Chapter 100 of the General Statutes is further amended by deleting the words "as appropriate" from lines 6 and 11 of G.S. 100-2; lines 6, 10, and 12 of G.S. 100-3; line 5 of G.S. 100-4; line 3 of G.S. 100-5; lines 2, 3, and 5 of G.S. 100-6; and line 8 of G.S. 100-7.

Sec. 4.  G.S. 100-2 is amended by deleting on line 12 the word "statute" and substituting therefor the word "statue". G.S. 100-8 is amended by deleting on line 1 the word "statute" and substituting therefor the word "statue".

Sec. 5.  Part 2 of Article 2 of Chapter 143B of the General Statutes is hereby repealed.

Sec. 6.  This act shall become effective July 1, 1980.

In the General Assembly read three times and ratified, this the 25th day of June, 1980.