NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 741

SENATE BILL 757

 

 

AN ACT TO AMEND CERTAIN PROVISIONS OF THE LAW RELATING TO THE BATTLESHIP COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-366, as the same appears in the 1974 Replacement Volume 3C of the General Statutes, is amended: (a) by inserting before the words and punctuation ", and to allocate funds" the following words and punctuation: "; to acquire property, both real and personal, with the approval of the Governor and the Council of State, and to accept donations of property, both real and personal, from any source; to establish, supervise, manage and maintain in New Hanover County with the approval and assistance of the Department of Cultural Resources exhibits, dramas, cultural activities, museums, and records pertaining to the marine and naval history of the State of North Carolina and the United States of America; to identify, preserve and protect properties having historical, marine and naval significance to New Hanover County, the State, its communities and counties and the nation; to establish and provide for a proper charge for admission to all properties maintained and operated by the commission in New Hanover County; to otherwise provide in carrying out its duties for the establishment of appropriate activities to encourage interest in the marine and naval history of North Carolina; to perpetuate the memory of North Carolinians who gave their lives in the course of World War II and in the events in which the battleship was a participant,"; and (b) by inserting after the word "the" in the first line the word "further".

Sec. 2.  G.S. 143-367, as the same appears in the 1974 Replacement Volume 3C of the General Statutes, is amended by inserting after the words "reserve fund" in the last sentence the words "in an amount to be determined by the Secretary of Cultural Resources".

Sec. 3.  G.S. 143B-73, as the same appears in the 1974 Replacement Volume 3C of the General Statutes, is hereby amended (a) by striking the word "Article" in the first sentence and inserting the word "Part"; (b) by striking all words appearing after the word "exhibit" in subsection (1) and inserting in lieu thereof the following: "commemorating the heroic participation of the men and women of North Carolina in the prosecution and victory of the Second World War and for the faithful performance and fulfillment of its duties and obligations."; (c) by inserting a period after the word "Chapter" in subsection (3) and deleting the remainder of subsection (3).

Sec. 4.  G.S. 143B-74, as the same appears in the 1974 Replacement Volume 3C of the General Statutes, is hereby amended (a) by rewriting the first sentence thereof to read as follows: "The U.S.S. North Carolina Battleship Commission of the Department of Cultural Resources shall consist of 18 members including the Secretary of Cultural Resources and the Secretary of Commerce who shall serve as voting ex officio members."; and (b) by inserting at the end thereof the following words to read as follows: "The Governor shall designate from among the members of the commission a chairman, vice-chairman and treasurer. The Secretary of Cultural Resources or his designee shall serve as secretary of the commission. The commission shall meet at least twice annually upon the call of the chairman, the Secretary of Cultural Resources, or any seven members of the commission."

Sec. 5.  G.S. 143-360, G.S. 143-361 and G.S. 143-362 are hereby repealed.

Sec. 6.  G.S. 143-368, as the same appears in the 1975 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended on line 1 by deleting the word "Commission" and inserting in lieu thereof the words "Department of Cultural Resources"; and is further amended by deleting the last sentence thereof.

Sec. 7.  G.S. 143-369, as the same appears in the 1974 Replacement Volume 3C of the General Statutes, is hereby amended on line 2 by deleting the words "or for any employee thereof"; and is further amended on line 5 by deleting the words "or employee thereof"; and is further amended on line 7 by deleting the words "or employee".

Sec. 8.  The revisor of statutes is directed to recodify (1) G.S. 143-366 as G.S. 143B-73.1, (2) G.S. 143-367 as G.S. 143B-74.1, (3) G.S. 143-368 as G.S. 143B-74.2, and (4) G.S. 143-369 as G.S. 143B-74.3.

Sec. 9.  If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions of this act or applications which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 10.  This act shall become effective July 1, 1977.

In the General Assembly read three times and ratified, this the 24th day of June, 1977.