Measure bolstering Heritage Protection Act signed into law

Legislation seeking to bolster the state’s Heritage Protection Act in response to moves in Memphis last year has been signed into law by Gov. Bill Haslam.

The Heritage Protection Act requires a waiver from the Tennessee Historical Commission before removing statues, monuments and historical markers.

The latest proposal, which prohibits the sale or transfer of a memorial or public property containing a statue without first obtaining a waiver from the state Historical Commission, came in response to decisions made by public officials in Memphis last year.

After previously being denied a waiver from the state commission to remove statues of Confederate Gen. Nathan Bedford Forrest and Confederate President Jefferson Davis, Memphis officials sold two public parks in December to a nonprofit, which removed the statues.

Last week, a judge in Davidson County determined city officials did not violate the law.

This year’s legislation includes a provision that would ban any public entity that violates the law from receiving grants administered by the Historical Commission and the state Department of Economic and Community Development for five years.

The new law also allows “any entity, group or individual” with a “real interest in a memorial” to seek an injunction in Davidson County court if they believe a public entity has violated the law. The court could issue a restraining order or an injunction to preserve the memorial in question.

The legislature passed the measure in the final days of the session, just days after removing $250,000 from the state budget aimed at helping Memphis’ bicentennial celebration.

Haslam signed the measure on Monday. It became immediately effective upon his signature.

Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.