A BILL TO BE ENTITLED
AN ACT providing for the protection of north carolina's historic monuments and memorials.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 1 of Chapter 121 of the General Statutes is amended by adding a new section to read:
"§ 121‑13.3.  Protection of North Carolina historic monuments and memorials.
(a)	Except as provided by subsection (b) of this section, no monument, memorial, plaque, marker, or historic flag display commemorating events, veterans, or persons of North Carolina history on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, altered, or defaced.
(b)	Monuments, memorials, plaques, markers, and historic flag displays set forth in subsection (a) of this section may be removed, relocated, or altered by one of the following actions:
(1)	With the approval of the General Assembly by a two‑thirds vote of the members voting in each house.
(2)	With the approval of the North Carolina Historical Commission by a two‑thirds vote of the members voting at a regularly scheduled meeting.
(3)	Upon the authority of the public or private body responsible for the protection, preservation, upkeep, or care of the monuments, memorials, plaques, markers, or historic flag displays. Any monument, memorial, plaque, marker, or historic flag display removed for protection, preservation, upkeep, or care must be returned to its original location when the activity is completed or, if the activity involves construction or roadwork that makes return to the original location impossible, to an approximate location close to the original location.
(c)	A person who willfully violates the provisions of this section shall be guilty of a Class A1 misdemeanor."
SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.