Senator Sutton proposes the following amendment (SMIN-508.MW0017S):

Amend the bill, as and if amended, SECTION 1, by striking Section 10-1-165(A)(2), (3), (4), (6), and (7) and inserting:

  (2) Any person, firm, group, corporation or other legal entity shall have a right to bring civil action, to prevent or redress a violation of this section, including injunctive relief, declaratory relief and the recovery of damages, for the cost of restoration and repair of any damaged or destroyed monument or memorial, including attorney's fees and court costs. No person commencing a civil action as authorized herein shall be required to show a particularized or personal concrete injury in order to establish standing to sue.
  (3) (2) The Department of Archives and History shall promulgate regulations to establish a process for affinity organizations or other custodians to maintain monuments and memorials, as well as restore and replace monuments and memorials that have been damaged or destroyed.
  (4) (3) If the real property upon which a monument or memorial is erected is to be sold or transferred to a private entity, the monument or memorial shall be relocated before the sale or transfer solely to an area on public property of equal or greater prominence and visibility within the same political subdivision.
  (5) (4) If necessary for public utility-related infrastructure improvements, or for the erection of a new government structure or expansion of an existing structure, a monument or memorial may be relocated solely to an area of public property of equal or greater prominence and visibility within the same political subdivision or removed temporarily during construction projects.
  (6) (5) This section does not apply to a governmental entity when temporarily relocating or removing monuments or memorials, including road dedication signs, pursuant to Sections 57-3-610, when their locations are in conflict with a highway, bridge, roadway maintenance, or construction project. Upon completion of the project, the monument or memorial shall be returned to the same location or placed in a location in the closest proximity possible to its original site.
  (7) (6) For the purposes of this subsection, an "affinity organization" means an organization chartered for the purpose, primary or otherwise, of honoring a particular event, people, or time period, including, but not limited to, historical or heritage organizations and having a clearly demonstrable record of these actions.

Renumber sections to conform.

Amend title to conform.