Bill > SB2138

This bill, known as the "Tennessee Heritage Protection Act of 2016," amends existing Tennessee law to establish strict protections for memorials on public property that honor historic conflicts, entities, events, figures, or organizations. A "memorial" is broadly defined to include anything from statues and monuments to schools, streets, and buildings named or dedicated for these purposes. Generally, these memorials cannot be removed, renamed, relocated, altered, or disturbed without a waiver from the Tennessee Historical Commission (the "Commission"). However, public entities responsible for maintaining a memorial can seek such a waiver by demonstrating a material or substantial need based on historical or other compelling public interest, following a public notice and hearing process where interested parties, including descendants, can comment. If a memorial is a national historic landmark or listed on the national register of historic places, there's a presumption in favor of preservation. The Commission can grant a waiver by a two-thirds vote, potentially with conditions, and its decisions can be reviewed by a court. The act also grants standing to individuals with a demonstrable interest to seek court injunctions to enforce these protections, and it applies to memorials existing before or created after January 1, 1970, with an exception for memorials on Department of Transportation property that might interfere with transportation projects.