SB0968112th GA (Historical)Introduced

Amends TCA Title 4.

This bill creates the: (1) Position of state historian for African-American history; (2) Tennessee African-American historical commission; and (3) African-American historic property land acquisition fund. THE STATE HISTORIAN This bill requires the governor to appoint a person qualified by experience and training to the position of state historian of African-American history. The historian will serve a term of four years. The governor will appoint persons to the position as terms expire. The historian will serve without compensation, but will be reimbursed for necessary travel expenses incurred while in performance of official duties. The historian will prepare for publication and to disseminate historical data upon Tennessee African-American history, present and past, and conduct such negotiations for the publication in book form as may be deemed proper. This bill prohibits such publication without proper authorization from the governor. THE COMMISSION The Tennessee African-American historical commission will be composed of 12 members. The governor, the speaker of the senate, and the speaker of the house will each appoint four members as follows: one person from each of the three grand divisions of the state and one at large member. The commission will appoint a state historical director. At least three members of the commission must have an academic background in African-American history or historic preservation, or both. Members of the commission will serve five-year terms, except for initial appointees who will serve terms ranging from one to four years in order to stagger the terms. Members will be paid necessary expenses while engaged in the work of the commission. This bill requires the commission to, among other things: (1) Adopt rules for the transaction of business and keep a record of its proceedings; (2) Develop criteria for the evaluation of state African-American historic sites and all related real and personal property that may be of such importance as would justify acquisition and ownership by this state and also develop criteria for evaluation of such properties owned by agencies other than this state for which state aid is requested; and (3) Collaborate with the state textbook and instructional materials quality commission to develop and recommend curriculum that incorporates the achievements made by African Americans in this state and the United States. This bill authorizes the commission to, among other things: (1) Establish and appoint one or more advisory boards or advisory committees to assist the commission in the performance of its duties; and (2) Accept gifts, bequests, and endowments from any private source, and may acquire real and personal properties that have statewide historical or archaeological significance by gift, purchase, devise, or bequest, the title thereto to vest in the state. This bill requires, notwithstanding any law to the contrary, that the African-American historical properties owned by this state be placed under the authority of the commission, which may in its discretion make a contract for the administration, development, or operation of such property with a county, municipality, or agency within this state; a nonprofit corporation or organization; or with a private individual, partnership, corporation, or association. All contracts made by the commission will be subject to the requirements of the public purchasing laws. The commission will determine criteria for the approval of such properties for state aid and will make reasonable rules for the regulation of use by the public of such historical properties under its charge. This bill authorizes state, county, town, or other public officials in possession of public documents to, in the official's discretion, give the commission official books, documents, records, official papers, newspaper files, printed books, or portraits not in current use in the public official's office, and the commission will provide for their permanent preservation. This bill provides that for carrying out the purposes of this bill, the sum of $10,000 or so much thereof as may be needed, over and above all funds derived from the sale of publications and all of the fees collected as discussed above, is annually or continuously appropriated. This bill requires all state agencies and entities and institutions of higher education that have control of state property to consult the commission prior to demolishing, altering, or transferring property that is or may be of historical, architectural, or cultural significance to African Americans. This bill details the commission's requirements for such process. This bill states that nothing in this provision may be construed as further extending the jurisdiction of the state building commission over transactions involving the department of transportation projects. This bill schedules the commission for sunrise review on June 30, 2023. ACQUISITION FUND This bill creates a special agency account in the state general fund, to be known as the African-American historic property land acquisition fund. This bill provides that expenditures from the fund may only be for: the acquisition of land for an area designated as an historic place as evidenced by its inclusion on the national register of historic places or the Tennessee register of historic places, or any other area of historic significance to African Americans as approved by majority vote of the commission; the acquisition of easements to protect the historic areas; and capital projects, including improvements and maintenance, of properties previously acquired, and for capital grants to other African-American historic properties not owned or operated by the state. NOTE: Section 4-11-508 in SECTION 1 of this bill references T.C.A. Section 4-4-412, which does not exist in present law.

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Overview

This bill creates the: (1) Position of state historian for African-American history; (2) Tennessee African-American historical commission; and (3) African-American historic property land acquisition fund. THE STATE HISTORIAN This bill requires the governor to appoint a person qualified by experience and training to the position of state historian of African-American history. The historian will serve a term of four years. The governor will appoint persons to the position as terms expire. The historian will serve without compensation, but will be reimbursed for necessary travel expenses incurred while in performance of official duties. The historian will prepare for publication and to disseminate historical data upon Tennessee African-American history, present and past, and conduct such negotiations for the publication in book form as may be deemed proper. This bill prohibits such publication without proper authorization from the governor. THE COMMISSION The Tennessee African-American historical commission will be composed of 12 members. The governor, the speaker of the senate, and the speaker of the house will each appoint four members as follows: one person from each of the three grand divisions of the state and one at large member. The commission will appoint a state historical director. At least three members of the commission must have an academic background in African-American history or historic preservation, or both. Members of the commission will serve five-year terms, except for initial appointees who will serve terms ranging from one to four years in order to stagger the terms. Members will be paid necessary expenses while engaged in the work of the commission. This bill requires the commission to, among other things: (1) Adopt rules for the transaction of business and keep a record of its proceedings; (2) Develop criteria for the evaluation of state African-American historic sites and all related real and personal property that may be of such importance as would justify acquisition and ownership by this state and also develop criteria for evaluation of such properties owned by agencies other than this state for which state aid is requested; and (3) Collaborate with the state textbook and instructional materials quality commission to develop and recommend curriculum that incorporates the achievements made by African Americans in this state and the United States. This bill authorizes the commission to, among other things: (1) Establish and appoint one or more advisory boards or advisory committees to assist the commission in the performance of its duties; and (2) Accept gifts, bequests, and endowments from any private source, and may acquire real and personal properties that have statewide historical or archaeological significance by gift, purchase, devise, or bequest, the title thereto to vest in the state. This bill requires, notwithstanding any law to the contrary, that the African-American historical properties owned by this state be placed under the authority of the commission, which may in its discretion make a contract for the administration, development, or operation of such property with a county, municipality, or agency within this state; a nonprofit corporation or organization; or with a private individual, partnership, corporation, or association. All contracts made by the commission will be subject to the requirements of the public purchasing laws. The commission will determine criteria for the approval of such properties for state aid and will make reasonable rules for the regulation of use by the public of such historical properties under its charge. This bill authorizes state, county, town, or other public officials in possession of public documents to, in the official's discretion, give the commission official books, documents, records, official papers, newspaper files, printed books, or portraits not in current use in the public official's office, and the commission will provide for their permanent preservation. This bill provides that for carrying out the purposes of this bill, the sum of $10,000 or so much thereof as may be needed, over and above all funds derived from the sale of publications and all of the fees collected as discussed above, is annually or continuously appropriated. This bill requires all state agencies and entities and institutions of higher education that have control of state property to consult the commission prior to demolishing, altering, or transferring property that is or may be of historical, architectural, or cultural significance to African Americans. This bill details the commission's requirements for such process. This bill states that nothing in this provision may be construed as further extending the jurisdiction of the state building commission over transactions involving the department of transportation projects. This bill schedules the commission for sunrise review on June 30, 2023. ACQUISITION FUND This bill creates a special agency account in the state general fund, to be known as the African-American historic property land acquisition fund. This bill provides that expenditures from the fund may only be for: the acquisition of land for an area designated as an historic place as evidenced by its inclusion on the national register of historic places or the Tennessee register of historic places, or any other area of historic significance to African Americans as approved by majority vote of the commission; the acquisition of easements to protect the historic areas; and capital projects, including improvements and maintenance, of properties previously acquired, and for capital grants to other African-American historic properties not owned or operated by the state. NOTE: Section 4-11-508 in SECTION 1 of this bill references T.C.A. Section 4-4-412, which does not exist in present law.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
224545600475

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