SB 1402

JAMES K. POLK HOME Present law conveyed in trust to the James K. Polk Memorial Association ("association"") the James K. Polk Home. This conveyance in trust wa s made so tha t the a ssociation could restore and preserve the property conveyed as a permanent memorial to James K. Polk, governor of Tennessee and eleventh president of the United States, and as a shrine of American patriotism. The association must make an annual rep ort to the governor of its performance of the duties imposed, and of its compliance with the terms of the uses and trust created. However, if the a ssociation or its successors in trust fail to execute the provisions of th e trust, the trust is terminable b y the general assembly. TRUST TERMINATED – TRANSFER TO TENNESSEE HISTORICAL COMMISSION This bill removes the provisions above and, instead, requires the Tennessee historical commission (""commission""), with approval from the state building commission, to enter into good faith negotiations for the purchase and transfer of the James K. Polk Home as this bill terminates the trust described above. The commission may expend funds appropriated or available to it in the repair, renovation, and restoration of th e James K. Polk Home, and the improvement of the premises for use by the general public. This bill provides that the commission will hold legal title to the property but may assign actual custody and control of the property to a Tennessee nonprofit corpo ration organized for the express purpose of restoring, maintaining, and operating the James K. Polk Home and its premises. Such corporation has the right to operate and manage the property on behalf of the commission for the benefit of the general public, and to keep the property and improvements in a high state of improvement and repair, and to operate and maintain the grounds improved by the commission in a manner consistent with such guidelines as may be promulgated by the commission, or as the commissi on may contract with the corporation. This bill requires the commission to make an annual report to the governor and the speakers of the senate and house of representatives of the performance of its duties under this bill . This bill clarifies that it i s the intent of this bill that the James K. Polk Home be operated as a museum house open to the general public and preserved for the citizens of this state and future generations."