Be it enacted by the General Assembly of Virginia:
1. That §15.2-1812 of the Code of Virginia is amended and reenacted as follows:
§15.2-1812. Memorials for war veterans.
A. A locality may, within the geographical limits of the
locality, authorize and permit the erection of monuments or memorials for the
veterans of any war or conflict, or any engagement of such war or conflict, to
include the following: Algonquin (1622), French and Indian (1754-1763),
Revolutionary (1775-1783), War of 1812 (1812-1815), Mexican (1846-1848), Civil
War (1861-1865), Spanish-American (1898), World War I (1917-1918), World War II
(1941-1945), Korean (1950-1953), Vietnam (1965-1973), Operation Desert
Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation
Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ).
Notwithstanding any other provision of law, general or special, a locality may
remove, relocate, contextualize, or cover or alter any such
monument or memorial [ on the locality's public property, not including a
monument or memorial located in a publicly owned cemetery ] , regardless of
when the monument or memorial was erected, after complying with the
provisions of subsection B.
B. Prior to removing, relocating, contextualizing, or
covering any such publicly owned monument or memorial, the local governing body
shall publish notice of such intent in a newspaper having general circulation
in the locality. The notice shall specify the time and place of a public
hearing at which interested persons may present their views, not less than 30
days after publication of the notice. After the completion of the hearing, the
governing body may vote whether to remove, relocate, contextualize, or cover
the monument or memorial. If the governing body votes to remove, relocate,
contextualize, or cover the monument or memorial, the local governing body
shall first, for a period of 30 days, offer the monument or memorial for
relocation and placement to any museum, historical society, government, or
military battlefield. The local governing body shall have sole authority to
determine the final disposition of the monument or memorial.
C. A locality may, prior to initiating the
provisions of subsection B, removing, relocating, or altering a monument
or memorial, petition the judge of a circuit court having jurisdiction over
the locality for an advisory referendum to be held on the question of the
proposal to remove, relocate, contextualize, or cover alter
any monument or memorial located on the locality's public property. Upon the
receipt of such petition, the circuit court shall order an election to be held
thereon at a time that is in conformity with §24.2-682. The ballots shall be
prepared, distributed, and voted, and the results of the election shall be
ascertained and certified, in the manner prescribed by §24.2-684.
D. C. The governing body may appropriate a
sufficient sum of money out of its funds to complete or aid in the erection,
removal, relocation, contextualizing, or covering alteration
of monuments or memorials to the veterans of such wars or conflicts, or any
engagement of such wars or conflicts. The governing body may also make a
special levy to raise the money necessary for the erection or completion of any
such monuments or memorials, or to supplement the funds already raised or that
may be raised by private persons, Veterans of Foreign Wars, the American
Legion, or other organizations. It may also appropriate, out of any funds of
such locality, a sufficient sum of money to permanently care for, protect, and
preserve such monuments or memorials and may expend the same thereafter as
other funds are expended.
2. That the third enactment of Chapter 1100 and the third enactment of Chapter 1101 of the Acts of Assembly of 2020 are repealed.