Public Chapter 401

SENATE BILL NO. 1907

By Burks, Davis

Substituted for: House Bill No. 1854

By Winningham

AN ACT To amend Tennessee Code Annotated, Title 4, Chapter 13, Part 6, relative to the Cordell Hull birthplace.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 4-13-601(a), is amended by deleting the language "the Tennessee Historical Commission" and by substituting instead the language "the Department of Environment and Conservation".

SECTION 2. Tennessee Code Annotated, Section 4-13-602, is amended by deleting such section in its entirety and by substituting instead the following language:

(a) The administration, operation and maintenance of the Cordell Hull birthplace and all surrounding property which has been deeded to the state is hereby vested in the Department of Environment and Conservation, Division of Parks and Recreation.

(b) The department shall promulgate such rules and regulations as are necessary for the efficient operation, administration, and maintenance of the Cordell Hull birthplace.

SECTION 3. Tennessee Code Annotated, Section 4-13-603, is amended by deleting the language "The Tennessee Historical Commission" and by substituting instead the language "The Department of Environment and Conservation".

SECTION 4. One (1) seasonal, full-time park manager position and one (1) full-time custodial position shall be created and funded within the Department of Environment and Conservation for the operation and management of the Cordell Hull birthplace. The department shall establish qualifications for such positions and employ appropriate personnel to perform the duties and functions of such positions.

SECTION 5. Tennessee Code Annotated, Section 4-13-605, is amended by deleting such section in its entirety, and by substituting instead the following language:

(a) The Department of Environment and Conservation may enter into all necessary agreements with the State Library and Archives to ensure the preservation of the historical papers and personal correspondence of Cordell Hull for posterity.

(b) No historical paper or item of personal correspondence shall be removed from the Cordell Hull birthplace without the express written consent of the Friends of Cordell Hull, the successor organization to the Cordell Hull Birthplace and Memorial Association and the true owner of such collection. The Friends of Cordell Hull may in consultation with the Department of Environment and Conservation develop and implement policies and guidelines for the loan or other removal of such historical papers and items of personal correspondence from the Cordell Hull birthplace. Such historical papers and items of personal correspondence may only be removed from the site with the stipulation, agreed to by the Friends of Cordell Hull and the borrower, of a specific date for the return of such item or items.

SECTION 6. Tennessee Code Annotated, Section 4-13-604, is amended by deleting the language "The Tennessee Historical Commission" and by substituting instead the language "The Department of Environment and Conservation".

SECTION 7. There is hereby transferred from the 1997-1998 fiscal year budget for the Tennessee Historical Commission to the 1997-1998 fiscal year budget for the Department of Environment and Conservation all funds appropriated by the General Appropriations Act for the operation and management of the Cordell Hull birthplace.

SECTION 8. The provisions of this act shall become operative only if specific funding is provided therefor in the General Appropriation Act for fiscal year 1997-1998.

SECTION 9. For the purpose of employing the personnel mandated by this act, this act shall take effect July 1, 1997, the public welfare requiring it. For all other purposes, this act shall take effect upon becoming a law, the public welfare requiring it.