| 26 | | - | development of the property or interest therein; to provide for related matters; to repeal9 |
|---|
| 27 | | - | conflicting laws; and for other purposes.10 |
|---|
| 28 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 29 | | - | SECTION 1.12 |
|---|
| 30 | | - | Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic13 |
|---|
| 31 | | - | areas, memorials, and recreation, is amended by adding a new article to read as follows:14 |
|---|
| 32 | | - | H. B. 454 |
|---|
| 33 | | - | - 1 - 25 LC 59 0113S/AP |
|---|
| 34 | | - | "ARTICLE 1315 |
|---|
| 35 | | - | 12-3-710.16 |
|---|
| 36 | | - | This article shall be known and may be cited as the 'Vince Dooley Battlefield Trust Fund17 |
|---|
| 37 | | - | Act.'18 |
|---|
| 38 | | - | 12-3-711.19 |
|---|
| 39 | | - | As used in this article, the term:20 |
|---|
| 40 | | - | (1) 'Conservation easement' shall have the same meaning as set forth in Code21 |
|---|
| 41 | | - | Section 44-10-2.22 |
|---|
| 42 | | - | (2) 'Department' means the Department of Natural Resources.23 |
|---|
| 43 | | - | (3) 'Fund' means the Vince Dooley Battlefield Trust Fund.24 |
|---|
| 44 | | - | (4) 'Matching contributions' means cash and the value of any contribution due to a25 |
|---|
| 45 | | - | bargain sale or the donation of land or interest therein made by the landowner as part of26 |
|---|
| 46 | | - | a project proposal.27 |
|---|
| 47 | | - | (5) 'Organization' means a not for profit charitable corporation or trust authorized to do28 |
|---|
| 48 | | - | business in this state which is involved in the acquisition and management of interests in29 |
|---|
| 49 | | - | land for historic preservation purposes and which has tax exempt status as a public30 |
|---|
| 50 | | - | charity under the Internal Revenue Code of 1986.31 |
|---|
| 51 | | - | (6) 'Program' means the Vince Dooley Battlefield Trust Fund Program.32 |
|---|
| 52 | | - | (7) 'Project proposal' means any application seeking money from the Vince Dooley33 |
|---|
| 53 | | - | Battlefield Trust Fund Program.34 |
|---|
| 54 | | - | (8) 'State agency' means the State of Georgia or any department, division, board, bureau,35 |
|---|
| 55 | | - | commission, or other agency of the executive branch of state government which has a36 |
|---|
| 56 | | - | mission to preserve, protect, or conserve natural, historical, or cultural resources.37 |
|---|
| 57 | | - | H. B. 454 |
|---|
| 58 | | - | - 2 - 25 LC 59 0113S/AP |
|---|
| 59 | | - | 12-3-712.38 |
|---|
| 60 | | - | (a)(1) The state treasurer shall establish a separate trust fund in the state treasury that39 |
|---|
| 61 | | - | shall be known as the Vince Dooley Battlefield Trust Fund, consisting of annual40 |
|---|
| 62 | | - | appropriations by the General Assembly to the fund, public or private grants, gifts,41 |
|---|
| 63 | | - | donations, or contributions dedicated to the fund for battlefield preservation, and moneys42 |
|---|
| 64 | | - | from any other source, including local, state, or federal program funds dedicated to the43 |
|---|
| 65 | | - | fund for battlefield preservation.44 |
|---|
| 66 | | - | (2) The state treasurer shall invest the money held in the fund in the same manner in45 |
|---|
| 67 | | - | which state funds are invested as authorized by the State Depository Board pursuant to46 |
|---|
| 68 | | - | Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the fund shall47 |
|---|
| 69 | | - | be accounted for separately and shall be credited to the fund to be disbursed as other48 |
|---|
| 70 | | - | moneys in the fund.49 |
|---|
| 71 | | - | (b) Moneys held in the fund shall be expended by the department solely as provided in this50 |
|---|
| 72 | | - | article.51 |
|---|
| 73 | | - | (c) The department shall prepare an accounting of the funds expended pursuant to this52 |
|---|
| 74 | | - | article during the most recently completed fiscal year to be provided to the Office of53 |
|---|
| 75 | | - | Planning and Budget, the House Budget and Research Office, and the Senate Budget and54 |
|---|
| 76 | | - | Evaluation Office by January 1 of each year.55 |
|---|
| 77 | | - | 12-3-713.56 |
|---|
| 78 | | - | (a) There is established the Vince Dooley Battlefield Trust Fund Program to be57 |
|---|
| 79 | | - | administered by the department. In administering the program, the department shall, each58 |
|---|
| 80 | | - | fiscal year, make available money from the Vince Dooley Battlefield Trust Fund for59 |
|---|
| 81 | | - | matching grants to any organization or state agency having a project proposal which has60 |
|---|
| 82 | | - | been reviewed and approved by the department.61 |
|---|
| 83 | | - | (b) The department shall make available money from the fund solely for the purpose of62 |
|---|
| 84 | | - | awarding grants to organizations or state agencies for the fee simple purchase of, or63 |
|---|
| 85 | | - | H. B. 454 |
|---|
| 86 | | - | - 3 - 25 LC 59 0113S/AP |
|---|
| 87 | | - | purchase of permanent protective interests in, any Georgia battlefield listed in the following64 |
|---|
| 88 | | - | reports:65 |
|---|
| 89 | | - | (1) The Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory66 |
|---|
| 90 | | - | Commission (Civil War Sites Advisory Commission/National Parks Service, 1993, as67 |
|---|
| 91 | | - | amended); or68 |
|---|
| 92 | | - | (2) The Report to Congress on the Historic Preservation of Revolutionary War and War69 |
|---|
| 93 | | - | of 1812 Sites in the United States by the American Battlefield Protection Program of the70 |
|---|
| 94 | | - | National Park Service (United States Department of the Interior/National Park Service,71 |
|---|
| 95 | | - | 2007, as amended).72 |
|---|
| 96 | | - | (c) Organizations seeking grant funding shall be required to provide at least $1.00 in73 |
|---|
| 97 | | - | matching contributions for each $1.00 received from the fund for the project proposal. 74 |
|---|
| 98 | | - | Unless the applicant is a state agency, no state funds shall be included in determining the75 |
|---|
| 99 | | - | amount of such matching contributions.76 |
|---|
| 100 | | - | (d) Eligible costs for which money from the fund may be allocated include acquisition of77 |
|---|
| 101 | | - | land and any improvements thereon or permanent protective interests, such as perpetual78 |
|---|
| 102 | | - | conservation easements, and costs associated with such acquisitions, including the cost of79 |
|---|
| 103 | | - | any appraisals, environmental reports, surveys, title searches and title insurance, and other80 |
|---|
| 104 | | - | closing costs.81 |
|---|
| 105 | | - | (e) Grants from the fund shall not exceed 50 percent of the appraised value of the land or82 |
|---|
| 106 | | - | permanent protective interest therein.83 |
|---|
| 107 | | - | (f) Grants from the fund may be awarded for prospective purchases or for acquisitions on84 |
|---|
| 108 | | - | which the applicant has closed. In the latter case, the applicant shall demonstrate that:85 |
|---|
| 109 | | - | (1) The closing occurred no more than 12 months prior to the date of application for the86 |
|---|
| 110 | | - | grant; and87 |
|---|
| 111 | | - | (2) An identifiable threat to the resource or compelling need for preservation existed at88 |
|---|
| 112 | | - | the time of the purchase.89 |
|---|
| 113 | | - | H. B. 454 |
|---|
| 114 | | - | - 4 - 25 LC 59 0113S/AP |
|---|
| 115 | | - | (g) Money from the fund, in an amount not to exceed 5 percent of total moneys held by90 |
|---|
| 116 | | - | the fund, shall be made available to the department for costs incurred in administering the91 |
|---|
| 117 | | - | program each fiscal year.92 |
|---|
| 118 | | - | 12-3-714.93 |
|---|
| 119 | | - | The department shall establish guidelines for applications, evaluations, and awards from94 |
|---|
| 120 | | - | the fund in consultation with relevant battlefield preservation interests. In awarding grants,95 |
|---|
| 121 | | - | the department shall give primary consideration to the following factors:96 |
|---|
| 122 | | - | (1) Significance of the battlefield that is the subject of the project proposal;97 |
|---|
| 123 | | - | (2) Degree to which the property or interest therein to be acquired falls within the core98 |
|---|
| 124 | | - | and study areas of the battlefield, as described in the relevant report of the American99 |
|---|
| 125 | | - | Battlefield Protection Program;100 |
|---|
| 126 | | - | (3) Proximity of the property to other protected lands;101 |
|---|
| 127 | | - | (4) Threats to the integrity of features associated with the relevant battle;102 |
|---|
| 128 | | - | (5) The financial capacity of the applicant to complete the project; and103 |
|---|
| 129 | | - | (6) The administrative capacity of the applicant to maintain and manage the property in104 |
|---|
| 130 | | - | a manner that is consistent with public interests, such as recreation, research, heritage105 |
|---|
| 131 | | - | tourism promotion, and orderly community development.106 |
|---|
| 132 | | - | 12-3-715.107 |
|---|
| 133 | | - | (a) Any organization making an acquisition of property or interest therein pursuant to this108 |
|---|
| 134 | | - | article shall grant to the department or other holder a perpetual conservation easement109 |
|---|
| 135 | | - | placing restrictions on the use or development of the property. In cases where the easement110 |
|---|
| 136 | | - | is granted to a holder other than the department, all terms and conditions of the easement111 |
|---|
| 137 | | - | shall accomplish the perpetual preservation of the property. Such other holder shall112 |
|---|
| 138 | | - | demonstrate to the department that it has the capacity and expertise to manage and enforce113 |
|---|
| 139 | | - | the terms of the easement.114 |
|---|
| 140 | | - | H. B. 454 |
|---|
| 141 | | - | - 5 - 25 LC 59 0113S/AP |
|---|
| 142 | | - | (b) Nothing in this Code section shall preclude the subsequent transfer or assignment by115 |
|---|
| 143 | | - | a state agency or other holder of any property interest acquired pursuant to this article to116 |
|---|
| 144 | | - | the State of Georgia or to the United States of America to be incorporated into a national117 |
|---|
| 145 | | - | park, national forest, national wildlife refuge, or other national conservation area in118 |
|---|
| 146 | | - | accordance with 54 U.S.C. Section 10010, 16 U.S.C. Section 551, the Fish and Wildlife119 |
|---|
| 147 | | - | Act of 1956 (16 U.S.C. Section 742a et seq.), or 16 U.S.C. Section 1131, as amended and120 |
|---|
| 148 | | - | applicable. The department shall facilitate transfers and assignments of any such interests."121 |
|---|
| 149 | | - | SECTION 2.122 |
|---|
| 150 | | - | All laws and parts of laws in conflict with this Act are repealed.123 |
|---|
| 151 | | - | H. B. 454 |
|---|
| 152 | | - | - 6 - |
|---|
| 14 | + | development of the property or interest therein; to amend Chapter 3 of Title 50 of the Official9 |
|---|
| 15 | + | Code of Georgia Annotated, relating to state flag, seal, and other symbols, so as to revise10 |
|---|
| 16 | + | provisions for the protection of government statues, monuments, plaques, banners, and other11 |
|---|
| 17 | + | commemorative symbols; to authorize the Attorney General and local district attorney to12 |
|---|
| 18 | + | represent the interests of monument owners and the state in actions relating to such13 |
|---|
| 19 | + | commemorative symbols; to provide for a procedure by which an agency may remove or14 |
|---|
| 20 | + | relocate such commemorative symbols; to provide for the creation of a registry of all15 |
|---|
| 21 | + | monuments in this state located on public property to be maintained by the Department of16 |
|---|
| 22 | + | Community Affairs; to provide for related matters; to repeal conflicting laws; and for other17 |
|---|
| 23 | + | purposes.18 |
|---|
| 24 | + | - 1 - 25 LC 59 0143S |
|---|
| 25 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 |
|---|
| 26 | + | PART I20 |
|---|
| 27 | + | SECTION 1-1.21 |
|---|
| 28 | + | Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic22 |
|---|
| 29 | + | areas, memorials, and recreation, is amended by adding a new article to read as follows:23 |
|---|
| 30 | + | "ARTICLE 1324 |
|---|
| 31 | + | 12-3-710.25 |
|---|
| 32 | + | This article shall be known and may be cited as the 'Vince Dooley Battlefield Trust Fund26 |
|---|
| 33 | + | Act.'27 |
|---|
| 34 | + | 12-3-711.28 |
|---|
| 35 | + | As used in this article, the term:29 |
|---|
| 36 | + | (1) 'Conservation easement' shall have the same meaning as set forth in Code30 |
|---|
| 37 | + | Section 44-10-2.31 |
|---|
| 38 | + | (2) 'Department' means the Department of Natural Resources.32 |
|---|
| 39 | + | (3) 'Fund' means the Vince Dooley Battlefield Trust Fund.33 |
|---|
| 40 | + | (4) 'Matching contributions' means cash and the value of any contribution due to a34 |
|---|
| 41 | + | bargain sale or the donation of land or interest therein made by the landowner as part of35 |
|---|
| 42 | + | a project proposal.36 |
|---|
| 43 | + | (5) 'Organization' means a not for profit charitable corporation or trust authorized to do37 |
|---|
| 44 | + | business in this state which is involved in the acquisition and management of interests in38 |
|---|
| 45 | + | land for historic preservation purposes and which has tax exempt status as a public39 |
|---|
| 46 | + | charity under the Internal Revenue Code of 1986.40 |
|---|
| 47 | + | - 2 - 25 LC 59 0143S |
|---|
| 48 | + | (6) 'Program' means the Vince Dooley Battlefield Trust Fund Program.41 |
|---|
| 49 | + | (7) 'Project proposal' means any application seeking money from the Vince Dooley42 |
|---|
| 50 | + | Battlefield Trust Fund Program.43 |
|---|
| 51 | + | (8) 'State agency' means the State of Georgia or any department, division, board, bureau,44 |
|---|
| 52 | + | commission, or other agency of the executive branch of state government which has a45 |
|---|
| 53 | + | mission to preserve, protect, or conserve natural, historical, or cultural resources.46 |
|---|
| 54 | + | 12-3-712.47 |
|---|
| 55 | + | (a)(1) The state treasurer shall establish a separate trust fund in the state treasury that48 |
|---|
| 56 | + | shall be known as the Vince Dooley Battlefield Trust Fund, consisting of annual49 |
|---|
| 57 | + | appropriations by the General Assembly to the fund, public or private grants, gifts,50 |
|---|
| 58 | + | donations, or contributions dedicated to the fund for battlefield preservation, and moneys51 |
|---|
| 59 | + | from any other source, including local, state, or federal program funds dedicated to the52 |
|---|
| 60 | + | fund for battlefield preservation.53 |
|---|
| 61 | + | (2) The state treasurer shall invest the money held in the fund in the same manner in54 |
|---|
| 62 | + | which state funds are invested as authorized by the State Depository Board pursuant to55 |
|---|
| 63 | + | Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the fund shall56 |
|---|
| 64 | + | be accounted for separately and shall be credited to the fund to be disbursed as other57 |
|---|
| 65 | + | moneys in the fund.58 |
|---|
| 66 | + | (b) Moneys held in the fund shall be expended by the department solely as provided in this59 |
|---|
| 67 | + | article.60 |
|---|
| 68 | + | (c) The department shall prepare an accounting of the funds expended pursuant to this61 |
|---|
| 69 | + | article during the most recently completed fiscal year to be provided to the Office of62 |
|---|
| 70 | + | Planning and Budget, the House Budget and Research Office, and the Senate Budget and63 |
|---|
| 71 | + | Evaluation Office by January 1 of each year.64 |
|---|
| 72 | + | - 3 - 25 LC 59 0143S |
|---|
| 73 | + | 12-3-713.65 |
|---|
| 74 | + | (a) There is established the Vince Dooley Battlefield Trust Fund Program to be66 |
|---|
| 75 | + | administered by the department. In administering the program, the department shall, each67 |
|---|
| 76 | + | fiscal year, make available money from the Vince Dooley Battlefield Trust Fund for68 |
|---|
| 77 | + | matching grants to any organization or state agency having a project proposal which has69 |
|---|
| 78 | + | been reviewed and approved by the department.70 |
|---|
| 79 | + | (b) The department shall make available money from the fund solely for the purpose of71 |
|---|
| 80 | + | awarding grants to organizations or state agencies for the fee simple purchase of, or72 |
|---|
| 81 | + | purchase of permanent protective interests in, any Georgia battlefield listed in the following73 |
|---|
| 82 | + | reports:74 |
|---|
| 83 | + | (1) The Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory75 |
|---|
| 84 | + | Commission (Civil War Sites Advisory Commission/National Parks Service, 1993, as76 |
|---|
| 85 | + | amended); or77 |
|---|
| 86 | + | (2) The Report to Congress on the Historic Preservation of Revolutionary War and War78 |
|---|
| 87 | + | of 1812 Sites in the United States by the American Battlefield Protection Program of the79 |
|---|
| 88 | + | National Park Service (United States Department of the Interior/National Park Service,80 |
|---|
| 89 | + | 2007, as amended).81 |
|---|
| 90 | + | (c) Organizations seeking grant funding shall be required to provide at least $1.00 in82 |
|---|
| 91 | + | matching contributions for each $1.00 received from the fund for the project proposal. 83 |
|---|
| 92 | + | Unless the applicant is a state agency, no state funds shall be included in determining the84 |
|---|
| 93 | + | amount of such matching contributions.85 |
|---|
| 94 | + | (d) Eligible costs for which money from the fund may be allocated include acquisition of86 |
|---|
| 95 | + | land and any improvements thereon or permanent protective interests, such as perpetual87 |
|---|
| 96 | + | conservation easements, and costs associated with such acquisitions, including the cost of88 |
|---|
| 97 | + | any appraisals, environmental reports, surveys, title searches and title insurance, and other89 |
|---|
| 98 | + | closing costs.90 |
|---|
| 99 | + | - 4 - 25 LC 59 0143S |
|---|
| 100 | + | (e) Grants from the fund shall not exceed 50 percent of the appraised value of the land or91 |
|---|
| 101 | + | permanent protective interest therein.92 |
|---|
| 102 | + | (f) Grants from the fund may be awarded for prospective purchases or for acquisitions on93 |
|---|
| 103 | + | which the applicant has closed. In the latter case, the applicant shall demonstrate that:94 |
|---|
| 104 | + | (1) The closing occurred no more than 12 months prior to the date of application for the95 |
|---|
| 105 | + | grant; and96 |
|---|
| 106 | + | (2) An identifiable threat to the resource or compelling need for preservation existed at97 |
|---|
| 107 | + | the time of the purchase.98 |
|---|
| 108 | + | (g) Money from the fund, in an amount not to exceed 5 percent of total moneys held by99 |
|---|
| 109 | + | the fund, shall be made available to the department for costs incurred in administering the100 |
|---|
| 110 | + | program each fiscal year.101 |
|---|
| 111 | + | 12-3-714.102 |
|---|
| 112 | + | The department shall establish guidelines for applications, evaluations, and awards from103 |
|---|
| 113 | + | the fund in consultation with relevant battlefield preservation interests. In awarding grants,104 |
|---|
| 114 | + | the department shall give primary consideration to the following factors:105 |
|---|
| 115 | + | (1) Significance of the battlefield that is the subject of the project proposal;106 |
|---|
| 116 | + | (2) Degree to which the property or interest therein to be acquired falls within the core107 |
|---|
| 117 | + | and study areas of the battlefield, as described in the relevant report of the American108 |
|---|
| 118 | + | Battlefield Protection Program;109 |
|---|
| 119 | + | (3) Proximity of the property to other protected lands;110 |
|---|
| 120 | + | (4) Threats to the integrity of features associated with the relevant battle;111 |
|---|
| 121 | + | (5) The financial capacity of the applicant to complete the project; and112 |
|---|
| 122 | + | (6) The administrative capacity of the applicant to maintain and manage the property in113 |
|---|
| 123 | + | a manner that is consistent with public interests, such as recreation, research, heritage114 |
|---|
| 124 | + | tourism promotion, and orderly community development.115 |
|---|
| 125 | + | - 5 - 25 LC 59 0143S |
|---|
| 126 | + | 12-3-715.116 |
|---|
| 127 | + | (a) Any organization making an acquisition of property or interest therein pursuant to this117 |
|---|
| 128 | + | article shall grant to the department or other holder a perpetual conservation easement118 |
|---|
| 129 | + | placing restrictions on the use or development of the property. In cases where the easement119 |
|---|
| 130 | + | is granted to a holder other than the department, all terms and conditions of the easement120 |
|---|
| 131 | + | shall accomplish the perpetual preservation of the property. Such other holder shall121 |
|---|
| 132 | + | demonstrate to the department that it has the capacity and expertise to manage and enforce122 |
|---|
| 133 | + | the terms of the easement.123 |
|---|
| 134 | + | (b) Nothing in this Code section shall preclude the subsequent transfer or assignment by124 |
|---|
| 135 | + | a state agency or other holder of any property interest acquired pursuant to this article to125 |
|---|
| 136 | + | the State of Georgia or to the United States of America to be incorporated into a national126 |
|---|
| 137 | + | park, national forest, national wildlife refuge, or other national conservation area in127 |
|---|
| 138 | + | accordance with 54 U.S.C. Section 10010, 16 U.S.C. Section 551, the Fish and Wildlife128 |
|---|
| 139 | + | Act of 1956 (16 U.S.C. Section 742a et seq.), or 16 U.S.C. Section 1131, as amended and129 |
|---|
| 140 | + | applicable. The department shall facilitate transfers and assignments of any such interests."130 |
|---|
| 141 | + | PART II131 |
|---|
| 142 | + | SECTION 2-1.132 |
|---|
| 143 | + | Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal,133 |
|---|
| 144 | + | and other symbols, is amended by revising subsection (b) of Code Section 50-3-1, relating134 |
|---|
| 145 | + | to description of state flag, militia to carry flag, monument offenses, penalties, and cause of135 |
|---|
| 146 | + | action and adding new subsections to read as follows:136 |
|---|
| 147 | + | "(b)(1) As used in this subsection, the term:137 |
|---|
| 148 | + | (A) 'Agency' means any state or local government entity, including any department,138 |
|---|
| 149 | + | agency, bureau, authority, board, educational institution, commission, or139 |
|---|
| 150 | + | instrumentality or subdivision thereof, and specifically including a local board of140 |
|---|
| 151 | + | - 6 - 25 LC 59 0143S |
|---|
| 152 | + | education, the Board of Regents of the University System of Georgia, and any141 |
|---|
| 153 | + | institution of the University System of Georgia.142 |
|---|
| 154 | + | (B) 'Monument' means a monument, plaque, statue, marker, flag, banner, structure143 |
|---|
| 155 | + | name, display, or memorial constructed and located with the intent of being144 |
|---|
| 156 | + | permanently displayed and perpetually maintained that is:145 |
|---|
| 157 | + | (i) Dedicated to a historical entity or historically significant military, religious, civil,146 |
|---|
| 158 | + | civil rights, political, social, or cultural events or series of events; or147 |
|---|
| 159 | + | (ii) Dedicated to, honors, or recounts the military service of any past or present148 |
|---|
| 160 | + | military personnel of this state; the United States of America or the several states149 |
|---|
| 161 | + | thereof; or the Confederate States of America or the several states thereof.150 |
|---|
| 162 | + | (C) 'Officer' means an officer, official, body, employee, contractor, representative, or151 |
|---|
| 163 | + | agent of any agency, whether appointed or elected.152 |
|---|
| 164 | + | (2) It shall be unlawful for any person, firm, corporation, officer, agency, or other entity153 |
|---|
| 165 | + | to mutilate, deface, defile, damage, destroy, lose, or abuse contemptuously any publicly154 |
|---|
| 166 | + | or privately owned monument located, erected, constructed, created, or maintained on155 |
|---|
| 167 | + | real property owned by an agency or the State of Georgia. No person, firm, corporation,156 |
|---|
| 168 | + | officer, or agency, or other entity shall remove or conceal from display any such157 |
|---|
| 169 | + | monument for the purpose of preventing the visible display of the same. A violation of158 |
|---|
| 170 | + | this paragraph shall constitute person that violates this Code section shall be guilty of a159 |
|---|
| 171 | + | misdemeanor.160 |
|---|
| 172 | + | (3) No publicly or privately owned monument erected, constructed, created, or161 |
|---|
| 173 | + | maintained on the public property of this state or its agencies, departments, authorities,162 |
|---|
| 174 | + | or instrumentalities or on real property owned by an agency or the State of Georgia shall163 |
|---|
| 175 | + | be relocated, removed, concealed, obscured, or altered in any fashion by any officer or164 |
|---|
| 176 | + | agency; provided, however, that appropriate measures for the preservation, protection,165 |
|---|
| 177 | + | and interpretation and protection in place of such monument or memorial shall not be166 |
|---|
| 178 | + | prohibited.167 |
|---|
| 179 | + | - 7 - 25 LC 59 0143S |
|---|
| 180 | + | (4) Any person, firm, corporation, officer, agency, or other entity that damages, destroys,168 |
|---|
| 181 | + | or loses a monument or that takes or removes a monument without replacing it violates169 |
|---|
| 182 | + | this Code section shall be liable for treble the amount of the full cost of repair or170 |
|---|
| 183 | + | replacement of such monument and may be subject to exemplary damages unless such171 |
|---|
| 184 | + | person or entity was authorized to take such action by the public entity owning such172 |
|---|
| 185 | + | monument. In addition to treble the cost of repair or replacement and possible exemplary173 |
|---|
| 186 | + | damages, the person, firm, corporation, officer, agency, or other entity shall also be liable174 |
|---|
| 187 | + | for the attorney's fees and court costs expended by the public entity owner of the175 |
|---|
| 188 | + | monument or person, group, or legal entity claimant under this Code section in any action176 |
|---|
| 189 | + | or proceeding required to establish liability and collect amounts owed. Should a public177 |
|---|
| 190 | + | entity owner of the monument or person, group, or other legal entity prevail in any action178 |
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| 191 | + | claimant under this Code section prevail in any action, such prevailing party claimant179 |
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| 192 | + | shall use the moneys collected from the party mutilating, defacing, defiling, damaging,180 |
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| 193 | + | destroying, losing, abusing, or relocating such monument to timely pay for the cost of or181 |
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| 194 | + | repair or placement restoration of the monument to its former condition prior to being182 |
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| 195 | + | mutilated, defaced, defiled, damaged, destroyed, lost, abused, or relocated upon moneys183 |
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| 196 | + | being collected from the party damaging, destroying, or losing such monument.184 |
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| 197 | + | (5) A public entity owning a monument or any Any interested person, group, or legal185 |
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| 198 | + | entity, without regard to ownership of the monument or a specialized and personalized186 |
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| 199 | + | injury, shall have standing and a right to bring a cause of action for any conduct187 |
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| 200 | + | prohibited by this Code section for damages as permitted by this Code section. Such188 |
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| 201 | + | claimant may bring an action individually or in a representative capacity against the189 |
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| 202 | + | person, firm, corporation, officer, agency, or other entity that violates this Code section190 |
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| 203 | + | to seek injunctive relief and to recover attorney's fees, expenses of litigation, and general191 |
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| 204 | + | and exemplary damages sustained as a result of such unlawful actions. Such action shall192 |
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| 205 | + | be brought in the superior court of the county in which the monument was located.193 |
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| 206 | + | - 8 - 25 LC 59 0143S |
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| 207 | + | (6) Except as provided in this paragraph subsection, it shall be unlawful for any person,194 |
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| 208 | + | firm, corporation, officer, agency, or other entity acting without authority to mutilate,195 |
|---|
| 209 | + | deface, defile, damage, destroy, alter, abuse contemptuously, relocate, remove, conceal,196 |
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| 210 | + | or obscure any privately owned monument located on privately owned property. Any197 |
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| 211 | + | person or entity that suffers injury or damages as a result of a violation of this paragraph198 |
|---|
| 212 | + | may bring an action individually or in a representative capacity against the person or199 |
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| 213 | + | persons, firm, corporation, officer, agency, or other entity committing such violations to200 |
|---|
| 214 | + | seek to recover general and exemplary damages sustained as a result of such person's or201 |
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| 215 | + | persons' unlawful actions of any such defendant. Any person, firm, corporation, officer,202 |
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| 216 | + | agency, or other entity that mutilates, defaces, defiles, damages, destroys, alters, abuses203 |
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| 217 | + | contemptuously, relocates, removes, conceals, or obscures a monument or that takes or204 |
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| 218 | + | removes a privately owned monument without the authority to do so shall be liable for205 |
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| 219 | + | treble the amount of the full cost of repair or replacement of such monument and may be206 |
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| 220 | + | subject to exemplary damages. In addition to treble the cost of repair or replacement and207 |
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| 221 | + | possible exemplary damages, such person, firm, corporation, officer, agency, or other208 |
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| 222 | + | entity shall also be liable for the attorney's fees and court costs expended by the claimant209 |
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| 223 | + | under this Code section in any action or proceeding required to establish liability and210 |
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| 224 | + | collect amounts owed. This paragraph shall not apply to an a private owner of real211 |
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| 225 | + | property storing regarding such owner's privately owned monuments.212 |
|---|
| 226 | + | (7) Nothing Other than the provisions of paragraph (11) of this subsection, nothing in213 |
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| 227 | + | this Code section shall prevent an agency from relocating a monument when relocation214 |
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| 228 | + | is necessary for the construction, expansion, or alteration of edifices, buildings, roads,215 |
|---|
| 229 | + | streets, highways, or other transportation construction projects. Any monument relocated216 |
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| 230 | + | for such purposes shall be relocated to a site of similar prominence, honor, visibility, and217 |
|---|
| 231 | + | access within the same county or municipality in which the monument was originally218 |
|---|
| 232 | + | located. A monument shall not be relocated to a museum, cemetery, or mausoleum219 |
|---|
| 233 | + | unless it was originally placed at such location.220 |
|---|
| 234 | + | - 9 - 25 LC 59 0143S |
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| 235 | + | (8) In all cases when there has been an alleged violation of this Code section, the221 |
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| 236 | + | Attorney General or the district attorney of the county in which the monument was222 |
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| 237 | + | located may represent the interests of the monument owner, the interests of others with223 |
|---|
| 238 | + | interest in the monument, and the interests of the state as parens patriae in all legal224 |
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| 239 | + | matters pertaining to the enforcement of this Code section. The Attorney General or the225 |
|---|
| 240 | + | district attorney may bring actions, and, insofar as an action of this nature may be deemed226 |
|---|
| 241 | + | an action against the state and its agencies, the state expressly gives its consent thereto.227 |
|---|
| 242 | + | (9) Conduct prohibited by this Code section shall be enjoined by the appropriate superior228 |
|---|
| 243 | + | court upon proper application.229 |
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| 244 | + | (10) No claimant shall be required to show a particularized or personal concrete injury230 |
|---|
| 245 | + | to make a claim for damages.231 |
|---|
| 246 | + | (11) In the event that an agency desires to remove a monument from public display or232 |
|---|
| 247 | + | relocate such monument, the agency shall give 90 days' public notice in the legal organ233 |
|---|
| 248 | + | of the county in which such monument is located of such intent and, if the agency desires234 |
|---|
| 249 | + | to remove the monument from public display, shall solicit in such public notice any third235 |
|---|
| 250 | + | party that would be interested in receiving such monument for public display. No action236 |
|---|
| 251 | + | with regard to removing or relocating such monument shall be taken by the agency until237 |
|---|
| 252 | + | the expiration of the 90 day period, provided that such period shall be tolled during the238 |
|---|
| 253 | + | pendency of any litigation requesting an injunction to prevent such agency from239 |
|---|
| 254 | + | removing such monument from public display or relocating such monument or requesting240 |
|---|
| 255 | + | other sanctions under this Code section until a decision on the merits of such litigation241 |
|---|
| 256 | + | is final. Except as may be otherwise ordered by a court of competent jurisdiction, at the242 |
|---|
| 257 | + | conclusion of the 90 day period, the agency shall either safely store and maintain such243 |
|---|
| 258 | + | monument or, if a third party so requests, transfer the monument to such third party,244 |
|---|
| 259 | + | provided that such third party agrees to publicly display the monument at either a location245 |
|---|
| 260 | + | owned by such third party or a location owned by a public agency that such third party246 |
|---|
| 261 | + | has permission to use for such display. In the event that multiple third parties are247 |
|---|
| 262 | + | - 10 - 25 LC 59 0143S |
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| 263 | + | interested in receiving such monument for public display, preference shall be given to the248 |
|---|
| 264 | + | third party that is willing to publicly display such monument in a location within the249 |
|---|
| 265 | + | jurisdiction where the monument is located. The agency shall be responsible for all costs250 |
|---|
| 266 | + | of moving and placing the monument in a new location."251 |
|---|
| 267 | + | "(d) Nothing in this Code section shall be construed so as to interfere with the rights of any252 |
|---|
| 268 | + | private monument owner. For the purposes of protection pursuant to this Code section, any253 |
|---|
| 269 | + | monument found to be privately owned shall be treated as publicly owned. No transfer of254 |
|---|
| 270 | + | title of such a monument is conveyed by this Code section.255 |
|---|
| 271 | + | (e) The Department of Community Affairs shall establish a registry of all monuments in256 |
|---|
| 272 | + | this state located on public property. Such registry shall contain, at a minimum, a257 |
|---|
| 273 | + | description of each monument, the location of such monument, and a statement as to258 |
|---|
| 274 | + | whether the monument itself is privately or publicly owned and the name of the owner. 259 |
|---|
| 275 | + | Such registry shall include monuments that are in storage as well as monuments on public260 |
|---|
| 276 | + | display. No later than December 31, 2025, each agency shall send to the Department of261 |
|---|
| 277 | + | Community Affairs a comprehensive list of all monuments within the jurisdiction of such262 |
|---|
| 278 | + | agency containing the information set forth in this Code section. Thereafter, any time a263 |
|---|
| 279 | + | monument is relocated to a place that is different from the location on the monument264 |
|---|
| 280 | + | registry maintained by the Department of Community Affairs the agency within whose265 |
|---|
| 281 | + | jurisdiction such monument is located shall immediately notify the Department of266 |
|---|
| 282 | + | Community Affairs of the new location of the monument."267 |
|---|
| 283 | + | PART III268 |
|---|
| 284 | + | SECTION 3-1.269 |
|---|
| 285 | + | All laws and parts of laws in conflict with this Act are repealed.270 |
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| 286 | + | - 11 - |
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