Amends TCA Title 4.

This bill vacates and reconstitutes the membership of the Tennessee historical commission and lowers the burden of proof required of a public entity seeking a waiver from the commission to alter or transfer a memorial.<br /> <br /> HISTORICAL COMMISSION<br /> <br /> Under present law, the commission consists of:<br /> <br /> (1) The governor or the governor's designee;<br /> (2) The state historian;<br /> (3) The state archeologist;<br /> (4) The commissioner of environment and conservation or the commissioner's designee;<br /> (5) The state librarian and archivist; and<br /> (6) Twenty-four members appointed by the governor.<br /> <br /> Under present law, the governor must make a conscientious effort to ensure that appointments are inclusive of African Americans and of Native American ancestry. When making appointments to the commission, the governor must strive to ensure that at least one person is 60 years of age or older and at least one person is a racial minority. Three persons serving on the commission must have an academic background in history or historic preservation. Appointments of members of the commission must be equally divided among the three grand divisions of the state.<br /> <br /> In case of death or resignation of any appointed member of the commission, then such member's successor is appointed by the governor for a term of five years from the date of the successor's appointment. Members who have been granted the title "member emeritus" by an action of the commission retain the same rights and privileges of other members, except the right to vote at meetings of the commission. All members of the commission may be reimbursed for necessary expenses while engaged in the work of the commission. <br /> <br /> This bill vacates and reconstitutes the membership of the commission with the following changes:<br /> <br /> (1) Reduces the number of members on the commission appointed by the governor from 24 to 15;<br /> (2) Removes the governor as an ex officio member of the commission;<br /> (3) Increases from one to seven the number of appointees who must be a member of a racial minority; <br /> (4) Increases from three to eight the number of appointees who must have an academic background in history or historic preservation;<br /> (5) Following initial staggered terms, sets four-year terms for all appointed members of the commission;<br /> (6) Changes the length of appointments from five years to fill a vacancy to length of the unexpired term;<br /> (7) Removes the requirement that members of the commission be equally divided among the three grand divisions of the state;<br /> (8) Removes the provision whereby members who have been granted the title "member emeritus" retain the same rights and privileges of other members, except the right to vote; and<br /> (9) Removes the provision for members being reimbursed for necessary expenses while engaged in the work of the commission.<br /> <br /> WAIVER<br /> <br /> Under present law, with exceptions, no memorial regarding a historic conflict, entity, event, figure, or organization that is, or is located on, public property, may be removed, renamed, relocated, altered, rededicated, or otherwise disturbed or altered. Additionally, no memorial or public property that contains a memorial may be sold, transferred, or otherwise disposed of by a county, metropolitan government, municipality, or other political subdivision of this state. However, a public entity exercising control of a memorial may petition the Tennessee historical commission for a waiver to alter or transfer a memorial. In order for a waiver to be granted, the public entity seeking the waiver must demonstrate by clear and convincing evidence that a material or substantial need for a waiver based on historical or other compelling public interest exists. The commission may grant a petition for waiver, in whole or in part, by a two-thirds vote of the entire membership of the commission.<br /> <br /> This bill lowers the burden of proof required of a public entity seeking a waiver from the commission from "clear and convincing evidence" to "a preponderance of the evidence."<br /> <br />