Amendments	Fiscal Memos
HA0974	Amendment 1-0 to HB1574
HA1275	Amendment 2-0 to HB1574
HA1276	Amendment 3-0 to HB1574

	Amendments	Fiscal Memos
SA0915	Amendment 1-1 to SB2520
SA1015	Amendment 2-1 to SB2520
SA1171	Amendment 3-2 to SB2520
SA1203	Amendment 4- to SB2520
SA1205	Amendment 5- to SB2520

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill excludes certain memorials from coverage under the Tennessee Heritage Protection Act of 2016, as discussed below.

The Tennessee Heritage Protection Act provides protection for historic memorials in existence prior to January 1, 1970, and memorials lawfully created, named, or dedicated on or after January 1, 1970. Generally, the Act prohibits the disturbance or alteration of any memorial regarding a historic conflict, entity, event, figure, or organization that is, or is located on, public property. However, such memorial may be altered for the appropriate preservation and care of the memorial.

Present law authorizes a public entity exercising control of a memorial to petition the Tennessee historical commission for a waiver of the above provisions. The waiver may be granted if the public entity demonstrates by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists. However, if a memorial is designated as a national historic landmark or listed on the national register of historic places, there is a presumption in favor of preservation of the memorial.

The following memorials are not subject to the above provisions:

(1) Memorials located on property controlled or acquired by the department of transportation which may interfere with the construction or operation of the public transportation system; and
(2) Memorials that have reached the end of their useful life and are approved for demolition by the state building commission, subject to conditions.

This bill additionally exempts from the Act a memorial under the control of an accredited museum, public library, or public archive when the memorial is:

(A) Housed within the interior of the museum, library, archive, or respective storage facilities located on public property; or
(B) Exhibited or displayed on public property as part of a traveling or temporary exhibition, display, or loan.

ON APRIL 24, 2018, THE HOUSE ADOPTED AMENDMENTS #1, #2, AND #3 AND PASSED HOUSE BILL 1574, AS AMENDED.

AMENDMENT #1 makes further changes and additions to the Tennessee Heritage Protection Act of 2016.

This amendment adds to present law by generally prohibiting:

(1) The sale, transfer, or other disposition of a memorial or public property that contains a memorial by a county, metropolitan government, municipality, or other political subdivision of this state; and
(2) Permanent removal or concealment of a memorial, or temporary removal or concealment of a memorial for a period exceeding 45 calendar days in any 12-month period, by a public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity.

This amendment specifies that a public entity must petition for a waiver of (1) or the present law prohibition against the disturbance or alteration of any memorial regarding a historic conflict, entity, event, figure, or organization that is, or is located on, public property prior to undertaking any action or transaction.

Under present law, once a petition for a waiver is filed, upon providing written notice at least three business days prior to a final hearing, an interested entity, group, or individual must be allowed an opportunity to present relevant testimony or evidence at the final hearing on a petition. This amendment replaces opportunity to testify with an opportunity to intervene in the petition whereby an interested entity, group, or individual may intervene in any petition for waiver by filing written notice with the commission not less than 45 calendar days prior to the final hearing. Upon filing notice, intervenor will be a party in all proceedings on the petition for waiver, shall receive copies of all filings, and may present relevant testimony and evidence at any hearing on the petition.

Under present law, any person who can demonstrate a real interest in a memorial through aesthetic, architectural, cultural, economic, environmental, or historic injury, or through administrative involvement in the waiver process, has standing to seek injunctive relief in chancery court to enforce the Tennessee Heritage Protection Act of 2016. To the extent necessary to preserve the status of any memorial prior to a final determination by the commission or the chancery court, the court may issue an injunction to preserve the memorial and any related public property pending a final ruling on any request for injunctive relief. No bond can be required for any injunction issued. This amendment gives such standing to "any entity, group, or individual who can demonstrate a real interest in a memorial through aesthetic, architectural, cultural, economic, environmental, or historic injury, through petition for declaratory order, or through administrative involvement in either the waiver or complaint process". This amendment authorizes a party with standing to seek injunctive or other relief in chancery court. , has standing to seek injunctive or other relief in chancery court to enforce the Act. This amendment makes issuance of a restraining order or injunction mandatory to the extent necessary to preserve the status of any memorial prior to a final determination on a waiver or complaint. This amendment adds that no security, including a bond, can be required for any restraining order or other injunctive relief issued.

This amendment establishes a process for the commission to receive and consider complaints alleging violations of the Act. A public entity that violates any provision of the Act will be precluded from receiving grants administered by the commission and the department of economic and community development for a period of five years from the date upon which a violation determination is made.

This amendment authorizes the commission to assist any public entity or historic organization with preservation of a memorial through consultation, best practices, or other available resources.

In lieu of a waiver, this amendment authorizes a historic organization to petition the commission to transfer ownership of, relocate, or both transfer ownership of and relocate, a memorial to the historic organization with the consent of the public entity exercising control over the memorial. A memorial may be relocated only to an accessible and suitable location within this state as determined by the commission. The commission may approve a petition upon a majority vote of the entire membership of the commission.

AMENDMENT #2 adds that the Uniform Administrative Procedures Act will apply to the Heritage Protection Act, unless the two Acts conflict, in which case the Heritage Protection Act will control.

AMENDMENT #3 changes the penalty for violating the Act from being "precluded from receiving grants" to "precluded from entering into grant contracts".

This amendment also defines "memorial" for purposes of the Heritage Protection Act to include historical markers.

ON APRIL 25, 2018, THE SENATE SUBSTITUTED HOUSE BILL 1574 FOR SENATE BILL 2520, ADOPTED AMENDMENT #5, AND PASSED HOUSE BILL 1574, AS AMENDED.

AMENDMENT #5 adds a provision declaring this bill to be remedial in nature and requiring that this bill be liberally construed in favor of historical preservation.