Amends TCA Title 4, Chapter 1.

Present law generally prohibits the disturbance or alteration of a memorial regarding a historic conflict, historic entity, historic event, historic figure, or historic organization that is, or is located on, public property. Present law also generally prohibits a local government entity from disposing of a memorial or public property that contains a memorial. It is an exception to such general prohibitions that a public entity exercising control of a memorial may petition the Tennessee historical commission for a waiver. Present law specifies the process for seeking a waiver from the commission.<br /> <br /> This bill adds a requirement that, upon receiving a final determination of the commission in which the commission grants a waiver, the public entity send a copy of the determination to the speaker of the senate and the speaker of the house of representatives. To become effective, this bill requires that the waiver must be approved by a joint resolution of the general assembly.<br /> <br /> Under present law, the statute of limitations for filing a complaint with the commission concerning an alleged violation of Tennessee heritage protection laws is 120 calendar days after the date of the alleged violation. This bill extends the time limit to two years.<br /> <br /> This bill adds a requirement that a public entity petitioning the commission for a waiver must include with the petition proof of the public entity's ownership of the memorial.<br /> <br /> This bill makes it a Class C misdemeanor offense for a person acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure a privately owned monument, plaque, marker, or memorial that is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof. This bill creates a cause of action whereby a person who suffers injury or damages as a result of such activity may sue for injunctive relief and exemplary damages.<br /> <br /> This bill also makes it a Class C misdemeanor offense for a person to alter, remove, conceal, or obscure the statues currently on the second floor of the state capitol.<br /> <br /> An elected official who commits one of the Class C misdemeanors created by this bill commits an impeachable offense and is personally liable for damages, penalties, and fines.<br />