HB2515 H POLSUBS AM #1

Casto 3264

The Committee on Political Subdivisions moved to amend the bill on page one, after the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29-1-8c, to read as follows:

ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

§29-1-8c. Protection of Monuments and Memorials; penalties

(a) Short title.-- This section shall be known and may be cited as the “West Virginia Monument and Memorial Protection Act of 2017.”

(b) No statue, monument, memorial, nameplate, plaque, school, street, bridge, building, park, preserve, or reserve which is located on public property, which has been erected for, or named or dedicated in honor of leaders, persons and events including for any historical figure, event, organization, in

(A) the military history of West Virginia,

(B) the labor union movement and activities or mine wars;

(D) the history of Native Americans or American Indians in West Virginia; may be removed, renamed, altered, or relocated except as provided in subsection (f) of this section.

(c) For the purposes of this section, “public property” means all property owned or leased by the State of West Virginia, any county, municipality, or any other entity or political subdivision that is created by act of the Legislature to perform any public function.

(d) No person may prevent a governmental entity from taking proper and appropriate measures, for the protection, preservation, care, repair, or restoration of those items, structures, or areas described in subsection (b) of this section.

(e) This section shall apply to items, structures, or areas described in subsection (b) in existence prior to January 1, 1942, and for all such items, structures, or areas as shall have attained the age of seventy five years. This section shall not apply to items, structures, or areas described in subsection (b) that are located on public property under the control of, or acquired by, the Department of Transportation which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any such items, structures, or areas are preserved to the greatest extent possible.

(f) Any entity exercising control of public property on which an item, structure or area described in subsection (b) is located may petition the West Virginia State Historic Preservation Office for a permit to remove, alter or relocate the item, structure or area. A petition for a permit shall be in writing and shall state the reason, or reasons, upon which the permit is sought. Upon good cause shown, the West Virginia State Historic Preservation Office may grant such permit request and may include reasonable conditions and instructions to ensure that any items, structures, or areas are preserved to the greatest extent possible. An entity may lawfully remove, alter or relocate an item, structure or area under authority and in compliance of the terms of a permit issued pursuant to this subsection.”