North Carolina § 100-2 - Approval of memorials before acceptance by State; "work of art" defined.

§ 100-2. Approval of memorials before acceptance by State; "work of art" defined.

A monument, memorial, or work of art may not become the property of the State by purchase, gift or otherwise, unless the monument, memorial, or work of art, or a design of the same, together with the proposed location of the same, is submitted to and approved by the North Carolina Historical Commission. A monument, memorial, or work of art, until so submitted and approved, may not be contracted for, placed in or upon, or allowed to extend over any property belonging to the State. The term "work of art" as used in this Article includes any painting, portrait, mural decoration, stained glass, statue, bas-relief, sculpture, tablet, fountain, or other article or structure of a permanent character intended for decoration or commemoration. History (1941, c. 341, s. 2; 1957, c. 65, s. 11; 1973, c. 476, s. 48; c. 507, s. 5; c. 1262, s. 86; 1977, c. 771, s. 4; 1979, 2nd Sess., c. 1306, ss. 3, 4; 1989, c. 727, s. 218(27); 1997-443, s. 11A.119(a); 2015-170, s. 3(b); 2015-241, s. 14.30(c), (s), (u).) Editor's Note. - Session Laws 2015-170, s. 1, provides: "This act shall be known as the Cultural History Artifact Management and Patriotism Act of 2015." Session Laws 2015-170, s. 3(b) and Session Laws 2015-241, s. 14.30(s) and (u), both amended this section in the coded bill drafting format provided by G.S. 120-20.1. Session Laws 2015-170, s. 3(b) deleted the former last sentence of this section without accounting for the substitutions made by Session Laws 2015-241, s. 14.30(s) and (u). Pursuant to the conforming authority provided in Session Laws 2015-241, s. 14.30(c), the words "Environmental Quality Natural and" have been deleted at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2015-170, s. 3(b), effective July 23, 2015, rewrote the section. Session Laws 2015-241, s. 14.30(s), (u), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" and "Department of Environmental Quality" for "Department of Environment and Natural Resources" in the former last sentence. See editor's note for conforming change. Legal Periodicals. - For article, "North Carolina's Heritage Protection Act: Cementing Confederate Monuments in North Carolina's Landscape," see 94 N.C.L. Rev. 2176 (2016).