SB 418 — Relating to WV Monument and Memorial Protection Act of 2018

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 418 By Senators Maynard, Azinger, Karnes, Rucker, Smith, Sypolt, Cline, and Boso [Introduced[Originating Januaryin 30,the 2018;Committee on Government Organization;

ReferredReported on February 14, 2018]     A BILL to amend the CommitteeCode onof GovernmentWest Organization;Virginia, 1931, as amended, by adding thereto a new section, designated §29-1-8c, relating to the West Virginia Monument and Memorial Protection Act of 2018;

andprohibiting thenthe toremoval, therenaming, Committeealteration, onor Finance]relocation, Aof BILLany tostatue, amendmonument, thememorial, Codeplaque, ofnameplate, Westschool, Virginia,street, 1931,bridge, asor amended,building recognized by addingthe theretoWest aVirginia newState section,Historic designatedPreservation §29-1-8c,Office relatingand towhich theis Westlocated Virginiaon Monumentpublic property and Memorialhas Protectionbeen Acterected offor, 2018;or named or dedicated in honor of, certain historical, military, labor, civil rights, and Native-American events, figures, and organizations;

prohibiting the removal, renaming, alteration, or relocation, of any statue, monument, memorial, nameplate, plaque, school, street, bridge, building, park, preserve, or reserve recognized by the West Virginia State Historic Preservation Office and which is located on public property and has been erected for, or named, or dedicated in honor of certain historical, military, labor, civil rights, and Native American events, figures, and organizations;

and authorizing the WestLegislature Virginia State Historic Preservation Office to grant waivers under certain circumstances.

(a) Short title.--title.—This This section shall be known and may be cited as the “West Virginia Monument and Memorial Protection Act of 2018”.

(b) No statue, monument, memorial, nameplate, plaque, nameplate, school, street, bridge, building, park, preserve, or reservebuilding recognized by the West Virginia State Historic Preservation OfficeOffice, which is located on public propertyproperty, may be removed, renamed, altered, or relocated, except as provided in subsection§29-1-8c(f) (f) of this section,code, if such has been erected for, or named or dedicated in honor of leaders, persons, and events including any historical figure eventevent, or,or organization in:

(A)(1) The military history of West Virginia;

(B)(2) The history of industrial development in West Virginia, including the labor union movement and activities, mining disastersdisasters, or mine wars;

(C)(3) The struggle for African-American Civil Rights, or the struggle for Women’s Civil Rights;

or (D)(4) The history of Native Americans or American Indians in West Virginia.

(d) No person may prevent a governmental entity from taking appropriate measures,measures for the protection, preservation, care, repair, or restoration of those items, structures, or areas described in subsection§21-1-8c(b) (b) of this section.code.

(f) Any entity exercising control of public property on which an item, structurestructure, or area described in subsection§21-1-8c(b) (b) of this sectioncode is located, may petition the West Virginia StateLegislature Historicfor Preservationconsideration Officeof forthe apetition permitduring tothe remove,next alterRegular orSession relocateof the item,Legislature. structure or area.

A petition for apermission permit shall befollow inthe writingLegislature’s rules for petitions, and the petition shall state the reason, or reasons, for which permission is being sought for the permitalteration isof sought.the monument or memorial.

UponAfter goodconsideration causeby shown, the WestLegislature, Virginiapermission State Historic Preservation Office may grantbe thegranted permit request and may include reasonable conditions and instructions to ensure that any items, structures, or areas arebe preserved to the greatest extent possible.

An entity may lawfully remove, alteralter, or relocate an item, structurestructure, or area under authority, and in compliance with, the terms of a permit issued pursuant to this subsection.

    NOTE:

The purpose of this bill is to prohibit the relocation, removal, alteration, oror   renaming,renaming, of any statue, monument, memorial, nameplate,bridge, street, school, or plaquebuilding which is located on public property and has been erected for, or named, or dedicated in honor of certain historical military, labor, civil rights, and Native American events, figures, and organizations;

and to establish a process by which the West Virginia StateLegislature Historic Preservation Office may grant waivers under certain circumstances.

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