House Bill 301-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H 1

HOUSE BILL 301

Short Title: Military Personnel/Free Admission to Museums.		(Public)
Sponsors:	Representatives Frye, McElraft (Primary Sponsors); Allred, Gulley, Hurley, McGee, Moore, and Randleman.
Referred to:	Homeland Security, Military, and Veterans Affairs, if favorable, Finance.

February 26, 2009

A BILL TO BE ENTITLED

AN ACT to grant members and veterans of the military free admission to state-operated military museums.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 121‑7.3 reads as rewritten:

"§ 121‑7.3. Admission fees.

(a) Subject to subsection (b) of this section, the ~~The~~ Department of Cultural Resources may charge a reasonable admission fee to any museum administered by the Department. Admission fees collected under this section are receipts of the Department and shall be deposited in a nonreverting account. The Department shall retain unbudgeted receipts at the end of each fiscal year, beginning June 30, 2004, and shall deposit these receipts into the account. Funds in the account shall be used to support a portion of each museum's operation. The Secretary may adopt rules necessary to carry out the provisions of this section. The Department shall provide a quarterly report to the Joint Legislative Commission on Governmental Operations as to the Department's or museums' anticipated use of funds or expenditures of funds pursuant to this section.

(b) Notwithstanding subsection (a) of this section, the Department of Cultural Resources shall not charge any current member or veteran of the military an admission fee to any military museum administered by it. The Department may require proof that a person is a member of the military or a veteran and may designate forms of identification that will constitute sufficient evidence of this fact.

(1) Military. – The active and reserve components of the Army, Navy, Marine Corps, Air Force, North Carolina Army National Guard, North Carolina Air National Guard, Merchant Marine, and Coast Guard.

(2) Military museum. – Any museum that solely or primarily exhibits or acquires military artifacts or documents military history."

SECTION 2. G.S. 143B‑73(2) reads as rewritten:

"(2) The U.S.S. North Carolina Battleship Commission shall have the power and duty to establish standards and adopt rules and regulations: (i) establishing and providing for a proper charge for admission to the ~~ship;~~ship, subject to G.S. 121‑7.3(b); and (ii) for the maintenance and operation of the ship as a permanent memorial and exhibit."

SECTION 3. G.S. 143B‑73.1 reads as rewritten:

"§ 143B‑73.1. U.S.S. North Carolina Battleship Commission – duties.

The Commission shall have the further duty and authority to select an appropriate site for the permanent berthing of the Battleship U.S.S. North Carolina, taking into consideration factors including, but not limited to, the accessibility, location in relation to roads and highways, scenic attraction, protection from hazards of weather, fire and sea, cost of site and berthing, cooperation of local governmental authorities in securing, equipping, and maintaining appropriate areas surrounding the site, and others which may affect the suitability of such site for establishment of the ship as a permanent memorial and exhibit; to accept gifts, grants, and donations for the purposes of this Article; to transport to, and berth the ship at the site; to ready the ship for visitation by the public; subject to G.S. 121‑7.3(b), to establish and provide for a proper charge for admission to the ship, and for safekeeping of funds; to maintain and operate the ship as a permanent memorial and exhibit; 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 to allocate funds for the fulfillment of the duties and authority herein provided as may be necessary and appropriate for the purpose of this Article."

SECTION 4. The title of Chapter 100 of the General Statutes reads as rewritten:

"Chapter 100.

Monuments, ~~Memorials and Parks."~~Memorials, Parks, and Museums."

SECTION 5. Chapter 100 of the General Statutes is amended by adding a new Article to read:

"Article 6.

"State Military Museums.

"§ 100‑20. No charge for admission for current members of the military and veterans.

(a) Notwithstanding any other provision of law, a State agency that operates a military museum shall not charge any current member or veteran of the military an admission fee to any military museum administered by it. The agency may require proof that a person is a member of the military or a veteran and may designate forms of identification that will constitute sufficient evidence of this fact.

(b) The following definitions apply in this section:

(2) Military museum. – Any museum that solely or primarily exhibits or acquires military artifacts or documents military history."

SECTION 6. This act is effective when it becomes law.