Bill would create new commission to review historic monument removal requests

A bill to create a new “Tennessee Monuments and Memorials Commission” to review any petitions to remove or relocate historical memorials on public property advanced in the legislature on Tuesday.

The measure (SB1100/HB1025) by Sen. Janice Bowling, R.-Tullahoma and Rep. Ed Butler, R-Rickman would create a new nine-member volunteer commission appointed by the governor, Senate and House speakers to review any requests to remove memorials.

The new entity would take over the duties of the current 24-member Tennessee Historical Commission in reviewing waivers under the Tennessee Heritage Protection Act.  

The 2013 act generally prohibits the removal of historic memorials on public property; however waivers can be sought to remove historical monuments — a mechanism that has been used in recent years to remove a bust of Ku Klux Klan founder Nathan Bedford Forest from the state capitol and reject efforts by Nashville Parks officials to remove a statue of a confederate soldier from Centennial Park.  

The commission has made controversial decisions both in favor and against removing Confederal memorials, but the law creating it specifies its decisions may be reviewed by Davidson County Chancery Court. The new bill does not contain any appeals language and it’s unclear how parties could appeal the proposed new commission’s decisions.

If enacted, the Historical Commission would continue to review the waivers it has received to date — and to retain its other duties, including maintaining state historic sites, erecting historic markers and preserving historic cemeteries.

The measure passed out of the Senate State and Local Government Committee hearing Tuesday on a 7-2 vote along party lines, with only Democrats voting ‘no.’