GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1182

Short Title:  1898 Wilmington Riot Comn/Funds.	(Public)

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Sponsors: Senators Jordan; Ballance, Dannelly, Horton, Lucas, Shaw of Cumberland, and Soles.

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Referred to:  Appropriations/Base Budget.

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May 9, 2000

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE 1898 WILMINGTON RACE RIOT COMMISSION AND TO APPROPRIATE FUNDS TO SUPPORT THE COMMISSION.
Whereas, during the late 1800s, the City of Wilmington was North Carolina's largest city with African-Americans making up two-thirds of the city's population; and
Whereas, many of the African-American citizens owned valuable land and successful businesses and held high offices in city and county government, comprising a thriving Black middle and upper class; and
Whereas, after the elections of 1898, a group of racist local residents instigated a three-day period of civil disorder and violence against African-American citizens and public officials, resulting in the loss of lives, the destruction of businesses, and the expulsion of duly elected officials and business owners from the city; and
Whereas, there is a lack of public knowledge and historical coverage of this event; and
Whereas, as a means of promoting healing and public understanding, the State of North Carolina wishes to establish a commission to make findings regarding the events that occurred during November of 1898 in the City of Wilmington; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Chapter 143 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 73.
"1898 Wilmington Race Riot Commission.
"§ 143-690. Commission established; purpose; membership; terms of office; quorum; compensation; termination.
(a)	Establishment. – There is hereby established the 1898 Wilmington Race Riot Commission.  The Commission shall be located within the Department of Cultural Resources.
(b)	Purpose. – The purpose of the Commission shall be to develop a historical record of the 1898 Wilmington Race Riot.  In developing such a record, the Commission shall gather information, including oral testimony from descendants of those affected by the riot or others, examine documents and writings, and otherwise take such actions as may be necessary or proper in accurately identifying information having historical significance to the 1898 Wilmington Race Riot, including the economic impact of the riot on African-Americans in this State.
(c)	Composition and Terms. – The Commission shall consist of 13 members, each of whom shall serve a two-year term.  Commission members shall be appointed on or before September 1, 2000, as follows:
(1)	The President Pro Tempore of the Senate shall appoint three members.
(2)	The Speaker of the House of Representatives shall appoint three members.
(3)	The Governor shall appoint three public members, one of whom shall be a historian.
(4)	The Mayor of the City of Wilmington shall appoint four members from a list of nominees submitted by the City Council of the City of Wilmington, one of whom shall be a representative of the North Carolina Black Chamber of Commerce.
The Commission shall terminate on December 31, 2002.
(d)	Vacancies. – A vacancy shall be filled in the same manner as the original appointment, except that all unexpired terms in seats appointed by the General Assembly shall be filled in accordance with G.S. 120-122.  Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
(e)	Removal. – The Commission may remove any of its members for neglect of duty, incompetence, or unprofessional conduct.  A member subject to disciplinary proceedings shall be disqualified from participating in the official business of the Commission until the charges have been resolved.
(f)	Compensation. –  Each member of the Commission shall receive per diem and reimbursement for travel and subsistence as provided in G.S. 120-3.2, 138-5, and 138-6.
(g)	Officers. – The Commission's officers shall consist of two cochairs, a vice-chair, and other officers deemed necessary by the Commission to carry out the purposes of this Article. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall appoint the cochairs of the Commission.  All other officers shall be elected by the Commission.  All officers shall serve for two-year terms and shall serve until their successors are elected and qualified.
(h)	Meetings. –  The Commission shall meet at least quarterly to conduct business as authorized in subsection (b) of this section.  The Commission shall adopt rules governing the calling, holding, and conducting of regular and special meetings.  A majority of Commission members shall constitute a quorum.
(i)	Staff. – The Department of Cultural Resources shall provide necessary clerical and administrative support services to the Commission.
(j)	Report. – The Commission may submit to the General Assembly an interim report of its findings and recommendations.  The Commission shall submit to the General Assembly a final report of its findings and recommendations no later than December 31, 2002.  The final report may include suggestions for a permanent marker or memorial of the riot and whether to designate the event as a historic site."
Section 2. There is appropriated from the General Fund to the Department of Cultural Resources for the 1898 Wilmington Race Riot Commission established in Section 1 of this act the sum of fifty thousand dollars ($50,000) for the 2000-2001 fiscal year to support the activities of the Commission.
Section 3.  This act becomes effective July 1, 2000, and expires December 31, 2002.