| 1 | 1 | | 25 LC 28 0675 |
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| 2 | 2 | | Senate Bill 301 |
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| 3 | 3 | | By: Senators Williams of the 25th, Gooch of the 51st, Robertson of the 29th, Harbin of the |
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| 4 | 4 | | 16th, Ginn of the 47th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state |
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| 8 | 8 | | 1 |
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| 9 | 9 | | flag, seal, and other symbols, so as to revise provisions for the protection of government2 |
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| 10 | 10 | | statues, monuments, plaques, banners, and other commemorative symbols; to provide for3 |
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| 11 | 11 | | construction; to provide for severability; to provide for related matters; to repeal conflicting4 |
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| 12 | 12 | | laws; and for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal,8 |
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| 16 | 16 | | and other symbols, is amended by revising subsections (b) and (c) of Code Section 50-3-1,9 |
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| 17 | 17 | | relating to description of state flag, militia to carry flag, defacing public monuments, and10 |
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| 18 | 18 | | relocation of monuments, and adding new subsections to read as follows:11 |
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| 19 | 19 | | "(b)(1) As used in this subsection, the term:12 |
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| 20 | 20 | | (A) 'Agency' means any state or local government entity, including any department,13 |
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| 21 | 21 | | agency, bureau, authority, board, educational institution, commission, or14 |
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| 22 | 22 | | instrumentality or subdivision thereof, and specifically including a local board of15 |
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| 23 | 23 | | S. B. 301 |
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| 24 | 24 | | - 1 - 25 LC 28 0675 |
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| 25 | 25 | | education, the Board of Regents of the University System of Georgia, and any |
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| 26 | 26 | | 16 |
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| 27 | 27 | | institution of the University System of Georgia.17 |
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| 28 | 28 | | (B) 'Monument' means a monument, plaque, statue, marker, flag, banner, structure18 |
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| 29 | 29 | | name, display, or memorial constructed and located with the intent of being19 |
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| 30 | 30 | | permanently displayed and perpetually maintained that is:20 |
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| 31 | 31 | | (i) Dedicated to a historical entity or historically significant military, religious, civil,21 |
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| 32 | 32 | | civil rights, political, social, or cultural events or series of events; or22 |
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| 33 | 33 | | (ii) Dedicated to, honors, or recounts the military service of any past or present23 |
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| 34 | 34 | | military personnel of this state; the United States of America or the several states24 |
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| 35 | 35 | | thereof; or the Confederate States of America or the several states thereof.25 |
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| 36 | 36 | | (C) 'Officer' means an officer, official, body, employee, contractor, representative, or26 |
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| 37 | 37 | | agent of any agency, whether appointed or elected.27 |
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| 38 | 38 | | (2) It shall be unlawful for any person, firm, corporation, officer, agency, |
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| 39 | 39 | | or other entity28 |
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| 40 | 40 | | to mutilate, deface, defile, damage, destroy, lose, or abuse contemptuously any publicly29 |
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| 41 | 41 | | or privately owned monument located, erected, constructed, created, or maintained on30 |
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| 42 | 42 | | real property owned by an agency or the State of Georgia. No person, firm, corporation,31 |
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| 43 | 43 | | officer, or agency, or other entity shall remove or conceal from display any such32 |
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| 44 | 44 | | monument for the purpose of preventing the visible display of the same. A violation of33 |
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| 45 | 45 | | this paragraph shall constitute person that violates this Code section shall be guilty of a34 |
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| 46 | 46 | | misdemeanor.35 |
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| 47 | 47 | | (3) No publicly or privately owned monument erected, constructed, created, or36 |
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| 48 | 48 | | maintained on the public property of this state or its agencies, departments, authorities,37 |
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| 49 | 49 | | or instrumentalities or on real property owned by an agency or the State of Georgia shall38 |
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| 50 | 50 | | be relocated, removed, concealed, obscured, or altered in any fashion by any officer or39 |
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| 51 | 51 | | agency; provided, however, that appropriate measures for the preservation, protection,40 |
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| 52 | 52 | | and interpretation and protection in place of such monument or memorial shall not be41 |
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| 53 | 53 | | prohibited.42 |
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| 54 | 54 | | S. B. 301 |
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| 55 | 55 | | - 2 - 25 LC 28 0675 |
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| 56 | 56 | | (4) Any person, firm, corporation, officer, agency, or other entity that damages, destroys,43 |
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| 57 | 57 | | or loses a monument or that takes or removes a monument without replacing it violates44 |
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| 58 | 58 | | this Code section shall be liable for treble the amount of the full cost of repair or45 |
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| 59 | 59 | | replacement of such monument and may be subject to exemplary damages unless such46 |
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| 60 | 60 | | person or entity was authorized to take such action by the public entity owning such47 |
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| 61 | 61 | | monument. In addition to treble the cost of repair or replacement and possible exemplary48 |
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| 62 | 62 | | damages, the person, firm, corporation, officer, agency, or other entity shall also be liable49 |
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| 63 | 63 | | for the attorney's fees and court costs expended by the public entity owner of the50 |
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| 64 | 64 | | monument or person, group, or legal entity claimant under this Code section in any action51 |
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| 65 | 65 | | or proceeding required to establish liability and collect amounts owed. Should a public52 |
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| 66 | 66 | | entity owner of the monument or person, group, or other legal entity prevail in any action53 |
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| 67 | 67 | | claimant under this Code section prevail in any action, such prevailing party claimant54 |
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| 68 | 68 | | shall use the moneys collected from the party mutilating, defacing, defiling, damaging,55 |
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| 69 | 69 | | destroying, losing, abusing, or relocating such monument to timely pay for the cost of or56 |
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| 70 | 70 | | repair or placement restoration of the monument to its former condition prior to being57 |
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| 71 | 71 | | mutilated, defaced, defiled, damaged, destroyed, lost, abused, or relocated upon moneys58 |
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| 72 | 72 | | being collected from the party damaging, destroying, or losing such monument.59 |
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| 73 | 73 | | (5) A public entity owning a monument or any Any interested person, group, or legal60 |
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| 74 | 74 | | entity, without regard to ownership of the monument or a specialized and personalized61 |
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| 75 | 75 | | injury, shall have standing and a right to bring a cause of action for any conduct62 |
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| 76 | 76 | | prohibited by this Code section for damages as permitted by this Code section. Such63 |
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| 77 | 77 | | claimant may bring an action individually or in a representative capacity against the64 |
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| 78 | 78 | | person, firm, corporation, officer, agency, or other entity that violates this Code section65 |
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| 79 | 79 | | to seek injunctive relief and to recover attorney's fees, expenses of litigation, and general66 |
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| 80 | 80 | | and exemplary damages sustained as a result of such unlawful actions. Such action shall67 |
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| 81 | 81 | | be brought in the superior court of the county in which the monument was located.68 |
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| 82 | 82 | | S. B. 301 |
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| 83 | 83 | | - 3 - 25 LC 28 0675 |
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| 84 | 84 | | (6) Except as provided in this paragraph, it shall be unlawful for any person, firm, |
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| 85 | 85 | | 69 |
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| 86 | 86 | | corporation, officer, agency, |
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| 87 | 87 | | or other entity acting without authority to mutilate, deface,70 |
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| 88 | 88 | | defile, abuse contemptuously, relocate, remove, conceal, damage, destroy, alter, or71 |
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| 89 | 89 | | obscure any privately owned monument located on privately owned property. Any72 |
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| 90 | 90 | | person or entity that suffers injury or damages as a result of a violation of this paragraph73 |
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| 91 | 91 | | may bring an action individually or in a representative capacity against the person or74 |
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| 92 | 92 | | persons, firm, corporation, officer, agency, or other entity committing such violations to75 |
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| 93 | 93 | | seek to recover general and exemplary damages sustained as a result of such person's or76 |
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| 94 | 94 | | persons' unlawful actions of any such defendant. Any person, firm, corporation, officer,77 |
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| 95 | 95 | | agency, or other entity that damages, destroys, or loses a monument or that takes or78 |
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| 96 | 96 | | removes a privately owned monument shall be liable for treble the amount of the full cost79 |
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| 97 | 97 | | of repair or replacement of such monument and may be subject to exemplary damages. 80 |
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| 98 | 98 | | In addition to treble the cost of repair or replacement and possible exemplary damages,81 |
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| 99 | 99 | | such person, firm, corporation, officer, agency, or other entity shall also be liable for the82 |
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| 100 | 100 | | attorney's fees and court costs expended by the claimant under this Code section in any83 |
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| 101 | 101 | | action or proceeding required to establish liability and collect amounts owed. This84 |
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| 102 | 102 | | paragraph shall not apply to an a private owner of real property storing regarding such85 |
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| 103 | 103 | | owner's privately owned monuments.86 |
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| 104 | 104 | | (7) Nothing in this Code section shall prevent an agency from relocating a monument87 |
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| 105 | 105 | | when relocation is necessary for the construction, expansion, or alteration of edifices,88 |
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| 106 | 106 | | buildings, roads, streets, highways, or other transportation construction projects. Any89 |
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| 107 | 107 | | monument relocated for such purposes shall be relocated to a site of similar prominence,90 |
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| 108 | 108 | | honor, visibility, and access within the same county or municipality in which the91 |
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| 109 | 109 | | monument was originally located. A monument shall not be relocated to a museum,92 |
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| 110 | 110 | | cemetery, or mausoleum unless it was originally placed at such location.93 |
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| 111 | 111 | | (8) In all cases when there has been an alleged violation of this Code section, the94 |
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| 112 | 112 | | Attorney General or the district attorney of the circuit in which the monument was95 |
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| 113 | 113 | | S. B. 301 |
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| 114 | 114 | | - 4 - 25 LC 28 0675 |
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| 115 | 115 | | located may represent the interests of the monument owner, the interests of others with96 |
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| 116 | 116 | | interest in the monument, and the interests of this state as parens patriae in all legal97 |
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| 117 | 117 | | matters pertaining to the enforcement of this Code section. The Attorney General or the98 |
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| 118 | 118 | | district attorney may bring actions, and, insofar as an action of this nature may be deemed99 |
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| 119 | 119 | | an action against the state and its agencies, the state expressly gives its consent thereto.100 |
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| 120 | 120 | | (9) Conduct prohibited by this Code section shall be enjoined by the appropriate superior101 |
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| 121 | 121 | | court upon proper application.102 |
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| 122 | 122 | | (10) No claimant shall be required to show a particularized or personal concrete injury103 |
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| 123 | 123 | | to make a claim for damages.104 |
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| 124 | 124 | | (11) In the event that an agency desires to remove a monument from public display or105 |
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| 125 | 125 | | relocate such monument, the agency shall give 90 days' public notice in the legal organ106 |
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| 126 | 126 | | of the county in which such monument is located of such intent and, if the agency desires107 |
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| 127 | 127 | | to remove the monument from public display, shall solicit in such public notice any third108 |
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| 128 | 128 | | party that would be interested in receiving such monument for public display. No action109 |
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| 129 | 129 | | with regard to removing or relocating such monument shall be taken by the agency until110 |
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| 130 | 130 | | the expiration of the 90 day period, provided that such period shall be tolled during the111 |
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| 131 | 131 | | pendency of any litigation requesting an injunction to prevent such agency from112 |
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| 132 | 132 | | removing such monument from public display or relocating such monument or requesting113 |
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| 133 | 133 | | other sanctions under this Code section until a decision on the merits of such litigation114 |
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| 134 | 134 | | is final. At the conclusion of the 90 day period, the agency shall either safely store and115 |
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| 135 | 135 | | maintain such monument or, if a third party so requests, transfer the monument to such116 |
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| 136 | 136 | | third party, provided that such third party agrees to publicly display the monument at117 |
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| 137 | 137 | | either a location owned by such third party or a location owned by a public agency that118 |
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| 138 | 138 | | such third party has permission to use for such display. In the event that multiple third119 |
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| 139 | 139 | | parties are interested in receiving such monument for public display, preference shall be120 |
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| 140 | 140 | | given to the third party that is willing to publicly display such monument in a location121 |
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| 141 | 141 | | S. B. 301 |
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| 142 | 142 | | - 5 - 25 LC 28 0675 |
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| 143 | 143 | | within the jurisdiction where the monument is located. The agency shall be responsible122 |
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| 144 | 144 | | for all costs of moving and placing the monument in a new location.123 |
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| 145 | 145 | | (c) Any other provision of law notwithstanding, the memorial to the heroes of the124 |
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| 146 | 146 | | Confederate States of America graven upon the face of Stone Mountain shall never be125 |
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| 147 | 147 | | altered, removed, concealed, or obscured in any fashion and shall be preserved and126 |
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| 148 | 148 | | protected for all time as a tribute to the bravery and heroism of the citizens of this state who127 |
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| 149 | 149 | | suffered and died in their cause.128 |
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| 150 | 150 | | (d) Nothing in this Code section shall be construed so as to interfere with the rights of any129 |
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| 151 | 151 | | private monument owner. For the purposes of protection pursuant to this Code section, any130 |
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| 152 | 152 | | monument found to be privately owned shall be treated as publicly owned. No transfer of131 |
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| 153 | 153 | | title of such a monument is conveyed by this Code section.132 |
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| 154 | 154 | | (e) Upon the effective date of a specific appropriation of funds for purposes of this133 |
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| 155 | 155 | | subsection as expressed in a line item making specific reference to the full funding of this134 |
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| 156 | 156 | | subsection in an appropriations Act enacted by the General Assembly, the Department of135 |
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| 157 | 157 | | Community Affairs shall establish a registry of all monuments in this state located on136 |
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| 158 | 158 | | public property. Such registry shall contain, at a minimum, a description of each137 |
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| 159 | 159 | | monument, the location of such monument, and a statement as to whether the monument138 |
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| 160 | 160 | | itself is privately or publicly owned and the name of the owner. This shall include139 |
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| 161 | 161 | | monuments that are in storage as well as monuments on public display. Not later than140 |
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| 162 | 162 | | December 31 of the year in which this subsection becomes effective, each agency shall141 |
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| 163 | 163 | | send to the Department of Community Affairs a comprehensive list of all monuments142 |
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| 164 | 164 | | within the jurisdiction of such agency containing the information set forth in this Code143 |
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| 165 | 165 | | section. Thereafter, any time a monument is relocated to a place that is different from the144 |
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| 166 | 166 | | location on the monument registry maintained by the Department of Community Affairs145 |
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| 167 | 167 | | the agency within whose jurisdiction such monument is located shall immediately notify146 |
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| 168 | 168 | | the Department of Community Affairs of the new location of the monument."147 |
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| 169 | 169 | | S. B. 301 |
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| 170 | 170 | | - 6 - 25 LC 28 0675 |
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| 171 | 171 | | SECTION 2. |
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| 172 | 172 | | 148 |
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| 173 | 173 | | All laws and parts of laws in conflict with this Act are repealed.149 |
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| 174 | 174 | | S. B. 301 |
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| 175 | 175 | | - 7 - |
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