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No events on calendar for this bill.
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Ref To Com On Rules and Operations of the SenateSenate04/01/2021Passed 1st ReadingSenate04/01/2021FiledSenate03/31/2021
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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BUILDINGS
COMMISSIONS
CONTRACTS
CULTURAL RESOURCES
HISTORIC PRESERVATION
HISTORIC SITES & MONUMENTS
MUSEUMS
PUBLIC
PURCHASING
CRAVEN COUNTY
NEW BERN
TRYON PALACE COMN.
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121
143B (Chapters); 121-20
121-21.1
143B-71
143B-72.1 (Sections)
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Craven
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S422: Tryon Palace Commission Modifications. Latest Version
2021-2022
AN ACT modifying the laws relating to the powers, duties, employees, and expenditures of the tryon palace commission, authorizing the Tryon Palace commission to use third‑party online ticket sale services, and appropriating funds to pay initial third‑party contractor fees.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 121‑20 reads as rewritten:
§ 121‑20. Commission to receive and expend funds donated or made available for restoration of Tryon's Palace; Commission to authorize third‑party online ticket sale services; Commission to acquire and sell artifacts for Tryon's Palace.
(a) In addition to exercising the powers and duties imposed upon the Tryon Palace Commission by Chapter 791 of the Session Laws of 1945 and Chapter 233 of the Session Laws of 1949, the Tryon Palace Commission is hereby fully authorized and empowered to receive and expend and disburse, for the restoration of the said Tryon's Palace, all such funds and property which were provided for said this purpose by the last will and testament of Maude Moore Latham, deceased, and the said Commission shall likewise have the power and authority to receive and expend all such other funds funds, including, without limitation, funds in the Tryon Palace Historic Sites and Gardens Fund, as may be donated or made available for the purpose of restoring the said Palace or for the purpose of furnishing and equipping same restoring, furnishing, and equipping the Palace and the grounds on which the same Palace is located at New Bern, North Carolina.
The Tryon Palace Commission is hereby authorized, empowered and directed to designate some person as financial officer and treasurer, to disburse the funds and property devised by Maude Moore Latham to the said Tryon Palace Commission for the aforesaid purpose and all such other funds as may be donated or made available to the said Commission for expenditure for the aforesaid purposes. The said financial officer and treasurer shall be made the custodian of all stocks, bonds and securities and funds hereinbefore referred to and shall be authorized and empowered to sell, convert and transfer any stocks, bonds and securities held for such this purpose, subject to and with the advice and approval of a finance committee to be appointed by the Tryon Palace Commission for such this purpose. The sale and conversion and transfer of said the securities shall be made when necessary to provide funds required for the said restoration and at such any time as, in the opinion of the finance officer and treasurer, when approved by the finance committee, will be to the interests and advantage of the Tryon Palace Commission and the purposes for which said the funds and securities were provided.
The finance officer and treasurer aforesaid shall be required to give such the bond as, in the opinion of the Tryon Palace Commission, is proper for the faithful performance as finance officer and treasurer, and shall render to the Tryon Palace Finance Committee, with copies to the Department of Natural and Cultural Resources and the State Treasurer, annual or ad interim detailed reports of moneys and/or securities received, exchanged or converted into cash. Checks issued against such the funds shall be countersigned by the chairman chair of Tryon Palace Commission, or by one duly authorized by the said Commission.
The finance officer and treasurer shall serve without compensation; however, any expenses incurred for the faithful performance of said the duties, including the cost of the bond, shall be borne by the Tryon Palace Commission, from the proceeds of the funds thus handled.
The Tryon Palace Commission shall have the power and authority in its discretion to call upon the Treasurer of the State of North Carolina to act as treasurer of the said funds and properties and, if so designated, said the treasurer shall exercise all the powers and duties herein imposed upon the financial officer and treasurer hereinbefore referred to.
The Tryon Palace Commission is hereby authorized and empowered to expend the funds hereinbefore referred to and it may disburse said the funds through the Department of Natural and Cultural Resources in the event it is found more practical to do so, and said the Commission shall cooperate with the Department of Natural and Cultural Resources of the State of North Carolina in the expenditure of the funds for the restoration of said Tryon's Palace provided by two trust funds created by Maude Moore Latham in her lifetime, which funds shall be expended in accordance with the terms and provisions of said the trusts for the purposes therein set out.
(a1) The Commission may authorize the use of third‑party online ticket sale services for the purchase of admission, special events, or other ticket sales offered for access to the Tryon Palace complex or Tryon Palace–sponsored events. Funds realized as a result of third‑party online ticket sale services shall be credited to the Tryon Palace Historic Sites and Gardens Fund.
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SECTION 2. G.S. 121‑21.1 reads as rewritten:
§ 121‑21.1. Tryon Palace Historic Sites and Gardens Fund.
(a) Fund. – The Tryon Palace Historic Sites and Gardens Fund is hereby created as a special, interest‑bearing, and nonreverting fund in the Division of Tryon Palace Historic Sites and Gardens. The Fund shall be treated as a special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147‑69.2 and G.S. 147‑69.3. The Fund shall be used for repair, renovation, expansion, and maintenance at Tryon Palace Historic Sites and Gardens.
(b) Disposition of Fees. – All entrance fee receipts and special event receipts and all proceeds from the sale or other disposal of Tryon Palace complex real estate shall be credited to the Tryon Palace Historic Sites and Gardens Fund.
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SECTION 3. G.S. 143B‑71 reads as rewritten:
§ 143B‑71. Tryon Palace Commission – creation, powers, and duties.
(a) There is hereby created the Tryon Palace Commission of the Department of Natural and Cultural Resources with the power and duty to adopt, amend, and rescind rules and regulations concerning the restoration restoration, supervision, management, and maintenance of the Tryon Palace complex, complex, its real estate and collections, and with other powers and duties as provided in Chapter 791 of the Session Laws of 1945, Chapter 233 of the Session Laws of 1949, Part 7 of Article 2 of Chapter 143B of the General Statutes, and Article 2 of Chapter 121 of the General Statutes, including the authority to charge reasonable admission and related activity fees. The Commission is exempt from the requirements of Chapter 150B of the General Statutes and G.S. 12‑3.1 when adopting, amending, or repealing rules for operating hours and admission fees or related activity fees at Tryon Palace Historic Sites and Gardens.
(b) The Commission shall have all of the powers necessary to execute the provisions of this Part, which shall include at least the following powers:
(1) To make contracts, adopt and use a common seal, employ consulting engineers, architects, attorneys, real estate counselors, appraisers, and other consultants and employees as may be required in the judgment of the Commission, and fix and pay their compensation from funds available to the Commission.
(2) To adopt, alter, or repeal its own bylaws or rules implementing the provisions of this Chapter.
(3) To receive and use appropriations from the State, including an appropriation from the proceeds of State general obligation bonds or notes.
(c) In executing the powers provided in subsection (b) of this section, the Commission through its chair or other designee shall communicate policy to the executive director or the executive director's designee, who shall have the duty and authority to execute the policy of the Commission. No member of the Commission shall have the responsibility or authority to give operational directives to any employee of the Department of Natural and Cultural Resources except in accordance with this subsection.
SECTION 4. Chapter 143B of the General Statutes is amended by adding a new section to read:
§ 143B‑72.1. Tryon Palace Commission – employees; duties.
The Department of Natural and Cultural Resources is authorized to hire laborers, artisans, caretakers, stenographic and administrative employees, and other personnel, in accordance with the provisions of the North Carolina Human Resources Act, as may be necessary or directed by the Commission in carrying out the purposes and provisions of this Article. The Department of Natural and Cultural Resources shall maintain the Tryon Palace complex in a clean, neat, and attractive condition satisfactory for exhibition to the public. The Executive Director of the Tryon Palace Historic Sites and Gardens shall be selected by the Secretary of the Department of Natural and Cultural Resources from one or more candidates recruited and approved by the Commission.
SECTION 5. There is appropriated from the General Fund to the Department of Natural and Cultural Resources the sum of one hundred thousand dollars ($100,000) to be allocated to the Tryon Palace Commission to pay initial third‑party ticket contractor fees and to promote the use of online ticket sales for access to the Tryon Palace complex or Tryon Palace–sponsored events.
SECTION 6. This act becomes effective July 1, 2021.