Alabama 2022 Regular Session

Alabama House Bill HB172 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB172
2	2	2 215721-1
3	3	3 By Representatives Hanes, Holmes, Whorton, Brown (K), Faust,
4	4	4 Sorrell, Wingo, Fincher, Mooney and Ingram
5	5	5 RFD: State Government
6	6	6 First Read: 18-JAN-22
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8	8	Page 0 1 215721-1:n:11/17/2021:KMS*/cmg LSA2021-2408
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15	15	8 SYNOPSIS: Under existing law, the Alabama Memorial
16	16	9 Preservation Act of 2017, provides for the
17	17	10 preservation of certain architecturally significant
18	18	11 buildings, memorial buildings, memorial streets,
19	19	12 and monuments on public property, as well as
20	20	13 memorial schools.
21	21	14 This bill would rename the act as the
22	22	15 Alabama Memorial Preservation Act of 2021, and
23	23	16 would revise the definitions and prohibitions
24	24	17 against the disturbance of certain historically
25	25	18 significant buildings, memorial buildings, memorial
26	26	19 schools, memorial streets, and monuments.
27	27	20 This bill would add term limits for the
28	28	21 membership of the Committee of Alabama Monument
29	29	22 Protection and would authorize the committee to
30	30	23 review and grant or deny applications for petitions
31	31	24 for the waiver of certain prohibitions and
32	32	25 petitions to raze certain historically significant
33	33	26 buildings and memorial buildings.
34	34	Page 1 1 This bill would impose fines for certain
35	35	2 violations and would provide for the collection and
36	36	3 deposit of those fines into the Alabama State
37	37	4 Historic Preservation Fund.
38	38	5 This bill would also require the Attorney
39	39	6 General to collect certain fines and to institute
40	40	7 legal action, if necessary; would authorize other
41	41	8 individuals and organizations to commence legal
42	42	9 action, on behalf of the state, for violations; and
43	43	10 would provide for punitive and other damages and
44	44	11 the recovery of costs related to legal actions.
45	45	12
46	46	13 A BILL
47	47	14 TO BE ENTITLED
48	48	15 AN ACT
49	49	16
50	50	17 Relating to the Alabama Memorial Preservation Act of
51	51	18 2017; to amend Sections 41-9-230, 41-9-231, 41-9-232,
52	52	19 41-9-233, 41-9-234, 41-9-235, 41-9-236 and 41-9-237, Code of
53	53	20 Alabama 1975, and to add Sections 41-9-235.1 and 41-9-235.2 to
54	54	21 the Code of Alabama 1975, to rename the act the Alabama
55	55	22 Memorial Preservation Act of 2021; to revise definitions; to
56	56	23 revise prohibitions against the disturbance of certain
57	57	24 historically significant buildings, memorial buildings,
58	58	25 memorial schools, memorial streets, and monuments; to add term
59	59	26 limits for the membership of the Committee of Alabama Monument
60	60	27 Protection; to authorize the committee to review and grant or
61	61	Page 2 1 deny applications for petitions for waiver and petitions to
62	62	2 raze certain historically significant buildings and memorial
63	63	3 buildings; to impose fines for violations; to provide for the
64	64	4 collection and deposit of fines into the Alabama State
65	65	5 Historic Preservation Fund; to require the Attorney General to
66	66	6 collect certain fines and institute legal action, if
67	67	7 necessary; to authorize other individuals and organizations to
68	68	8 commence legal action, on behalf of the state, for violations;
69	69	9 and to provide for punitive and other damages and the recovery
70	70	10 of costs related to legal actions.
71	71	11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
72	72	12 Section 1. Sections 41-9-230, 41-9-231, 41-9-232,
73	73	13 41-9-233, 41-9-234, and 41-9-235 of the Code of Alabama 1975,
74	74	14 are amended to read as follows:
75	75	15 "§41-9-230.
76	76	16 "This article shall be known and may be cited as the
77	77	17 Alabama Memorial Preservation Act of 2017 2021.
78	78	18 "§41-9-231.
79	79	19 "For the purposes of this article, the following
80	80	20 terms shall have the following meanings:
81	81	21 "(1) ARCHITECTURALLY SIGNIFICANT BUILDING. A
82	82	22 building located on public property that by its very nature,
83	83	23 inherent design, or structure constitutes a monument.
84	84	24 "(2)(1) CAUSE. A principle, ideal, or goal to which
85	85	25 a person or group is dedicated.
86	86	26 "(2) COMMITTEE. The Committee on Alabama Monument
87	87	27 Protection created by this article.
88	88	Page 3 1 "(3) GOVERNMENTAL ENTITY. The State of Alabama; the
89	89	2 governing body of any county or municipality located in the
90	90	3 state; or any other entity created by act of the Legislature
91	91	4 to perform any public function that owns, controls, or has
92	92	5 responsibility for maintaining, protecting, or preserving a
93	93	6 historically significant building, memorial building, memorial
94	94	7 school, memorial street, or monument.
95	95	8 "(4) HISTORICALLY SIGNIFICANT BUILDING. A building,
96	96	9 located on public property, that is an important part of the
97	97	10 history of the state based on the building's inherent status
98	98	11 as the location, facility, residence, or other site of, or
99	99	12 associated with, an event, an individual, a group, a cause, a
100	100	13 movement, military service, or a war or military conflict.
101	101	14 "(3)(5) MEMORIAL BUILDING. A building, structure,
102	102	15 park, or other institution, other than a Memorial School
103	103	16 memorial school, that is located on public property and has
104	104	17 been erected for, or named or dedicated in honor of, an event,
105	105	18 a person an individual, a group, a cause, a movement, or
106	106	19 military service, or a war or military conflict.
107	107	20 "(4)(6) MEMORIAL SCHOOL. A K-12 or two-year
108	108	21 postsecondary institution or facility that is located on
109	109	22 public property and has been erected for, or named or
110	110	23 dedicated in honor of, an event, a person an individual, a
111	111	24 group, a cause, a movement, or military service, or a war or
112	112	25 military conflict.
113	113	26 "(5)(7) MEMORIAL STREET. A street that is located on
114	114	27 public property and has been constructed for, or named or
115	115	Page 4 1 dedicated in honor of, an event, a person an individual, a
116	116	2 group, a cause, a movement, or military service, or a war or
117	117	3 military conflict.
118	118	4 "(6)(8) MONUMENT. A statue, portrait, or marker
119	119	5 intended at the time of dedication to be a permanent memorial
120	120	6 to an event, a person an individual, a group, a cause, a
121	121	7 movement, or military service, or a war or military conflict
122	122	8 that is part of the history of the people or geography now
123	123	9 comprising the State of Alabama. The term does not include
124	124	10 signage bearing historical or interpretive text, commonly
125	125	11 known as a historical marker or wayside exhibit, or portraits
126	126	12 or plaques installed by temporary means and not intended to be
127	127	13 permanent at the time of installation.
128	128	14 "(9) PROTECTED MEMORIAL. Any historically
129	129	15 significant building, memorial building, memorial school,
130	130	16 memorial street, or monument protected under this article.
131	131	17 "(7)(10) PUBLIC PROPERTY. All property owned or
132	132	18 leased by the State of Alabama; any county, municipal, or
133	133	19 metropolitan government in the state; or any other entity
134	134	20 created by act of the Legislature to perform any public
135	135	21 function a governmental entity.
136	136	22 "§41-9-232.
137	137	23 "(a) No architecturally significant building,
138	138	24 memorial building, memorial street, or monument which No
139	139	25 monument that is located on public property may be relocated;
140	140	26 removed; altered; obscured from view; renamed; dishonored,
141	141	27 disparaged, or reinterpreted with competing signage, wording,
142	142	Page 5 1 symbols, objects, or other types or means of communication
143	143	2 located at the site of the monument; or otherwise disturbed.
144	144	3 "(b) No memorial street that is located on public
145	145	4 property and has been so situated for 40 or more years may be
146	146	5 relocated,; removed,; altered,; obscured from view; renamed,;
147	147	6 dishonored, disparaged, or reinterpreted with competing
148	148	7 signage, wording, symbols, objects, or other types or means of
149	149	8 communication located at the site of the memorial street; or
150	150	9 otherwise disturbed. Provided, however, nothing in this
151	151	10 article shall prohibit or limit the ability of the appropriate
152	152	11 authority from rennovating, repairing, or otherwise
153	153	12 maintaining public roads.
154	154	13 "(b)(c) No architecturally significant building,
155	155	14 memorial building, memorial street, or monument which is
156	156	15 located on public property and has been so situated for at
157	157	16 least 20 years, and less than 40 years, may be relocated,;
158	158	17 removed,; altered,; obscured from view; renamed,; dishonored,
159	159	18 disparaged, or reinterpreted with competing signage, wording,
160	160	19 symbols, objects, or other types or means of communication
161	161	20 located at the site of the memorial street; or otherwise
162	162	21 disturbed, except as provided in Section 41-9-235.
163	163	22 "(c)(d) No memorial school which is located on
164	164	23 public property and has been so situated for 20 or more years
165	165	24 may be renamed except as provided in Section 41-9-235.
166	166	25 "(e) No historically significant building or
167	167	26 memorial building that is located on public property may be
168	168	27 relocated; removed; altered; obscured from view; renamed;
169	169	Page 6 1 dishonored, disparaged, or reinterpreted with competing
170	170	2 signage, wording, symbols, objects, or other types or means of
171	171	3 communication located at the site of the historically
172	172	4 significant building or memorial building; or otherwise
173	173	5 disturbed, except for razing or emergency repairs as provided
174	174	6 in Section 41-9-235.
175	175	7 "§41-9-233.
176	176	8 "No person individual or entity may prevent the
177	177	9 governmental entity having responsibility for maintaining any
178	178	10 architecturally historically significant building, memorial
179	179	11 building, memorial school, memorial street, or monument from
180	180	12 taking proper and appropriate measures, and exercising proper
181	181	13 and appropriate means, for the protection, preservation, care,
182	182	14 repair, or restoration of those monuments, streets, or
183	183	15 buildings.
184	184	16 "§41-9-234.
185	185	17 "(a) There is created the Committee on Alabama
186	186	18 Monument Protection.
187	187	19 "(b) The legislative members of the committee shall
188	188	20 be appointed and reappointed at the beginning of each
189	189	21 legislative quadrennium. The members of the committee
190	190	22 appointed pursuant to subdivisions (3) to (5), inclusive,
191	191	23 shall serve for terms of four years, with the exception of
192	192	24 their initial terms, which shall be staggered as provided in
193	193	25 subsection (d). Each term of a member appointed pursuant to
194	194	26 subdivisions (3) to (5), inclusive, shall expire on September
195	195	27 30. The appointing authorities shall coordinate their
196	196	Page 7 1 appointments to assure committee membership is inclusive and
197	197	2 reflects the racial, gender, geographic, urban, rural, and
198	198	3 economic diversity of the state. The membership of the
199	199	4 committee shall include all of the following:
200	200	5 "(1) Two members of the House of Representatives,
201	201	6 one from the majority party and one from the minority party,
202	202	7 appointed by the Speaker of the House of Representatives.
203	203	8 "(2) Two members of the Senate, one from the
204	204	9 majority party and one from the minority party, appointed by
205	205	10 the President Pro Tempore of the Senate.
206	206	11 "(3) One member of the public, appointed by the
207	207	12 Speaker of the House of Representatives.
208	208	13 "(4) One member of the public, appointed by the
209	209	14 President Pro Tempore of the Senate.
210	210	15 "(5) Two members of the public, appointed by the
211	211	16 Governor.
212	212	17 "(6) One actively serving county commissioner
213	213	18 appointed by the Governor.
214	214	19 "(7) One actively serving mayor or member of the
215	215	20 municipal governing body of a Class 1, Class 2, or Class 3
216	216	21 municipality appointed by the Governor.
217	217	22 "(8) One actively serving mayor or member of the
218	218	23 municipal governing body of a Class 4 to Class 8, inclusive,
219	219	24 municipality appointed by the Governor.
220	220	25 "(c) To assist the appointing authorities in the
221	221	26 process of appointing public members to the committee, each
222	222	27 any member of the public; any heritage, historical,
223	223	Page 8 1 genealogical, or preservation organization operating in the
224	224	2 state; and any of the following entities may submit a list of
225	225	3 names to the Speaker of the House of Representatives,
226	226	4 President Pro Tempore of the Senate, and Governor for
227	227	5 consideration for appointment:
228	228	6 "(1) The Department of Archives and History.
229	229	7 "(2) The Alabama Historical Commission.
230	230	8 "(3) The Alabama Historical Association.
231	231	9 "(4) The Alabama Trust for Historic Preservation.
232	232	10 "(5) The Black Heritage Council.
233	233	11 "(d) The initial members of the committee shall be
234	234	12 appointed before September 1, 2017, and shall hold an
235	235	13 organizational meeting of the committee before October 1,
236	236	14 2017. At the organizational meeting of the committee, the
237	237	15 membership of the committee shall select a chair and a vice
238	238	16 chair, who shall serve in that position for one year, and the
239	239	17 public members appointed pursuant to subdivisions (3) to (5),
240	240	18 inclusive, of subsection (b) shall draw lots to determine
241	241	19 which one of those members shall serve an initial term of two
242	242	20 years expiring on September 30, 2019, which two of those
243	243	21 members shall serve an initial term of three years expiring on
244	244	22 September 30, 2020, and which two of those members shall serve
245	245	23 an initial term of four years expiring on September 30, 2021.
246	246	24 The committee shall meet at least once each year, during the
247	247	25 month of October, to select a chair and vice chair to serve
248	248	26 for the following year. Thereafter, the committee shall meet
249	249	27 at the call of the chair or any majority of the members of the
250	250	Page 9 1 committee. The committee shall have a continuing existence and
251	251	2 may meet, act, and conduct committee business at any place
252	252	3 within this state.
253	253	4 "(e) Initial committee members appointed pursuant to
254	254	5 subdivisions (3) to (5), inclusive, of subsection (b), shall
255	255	6 begin serving immediately upon appointment. Each committee
256	256	7 member appointed pursuant to subdivisions (3) to (5),
257	257	8 inclusive, of subsection (b), is subject to confirmation by
258	258	9 the Senate during the legislative session in which the
259	259	10 appointment is made or, if the appointment is made when the
260	260	11 Legislature is not in session, during the next special or
261	261	12 regular session. An appointee may serve in the position
262	262	13 pending confirmation by the Senate. Failure of the Senate to
263	263	14 act on the appointment during the session in which the
264	264	15 appointment is made or, if the appointment is made while the
265	265	16 Legislature is not in session, during the next special or
266	266	17 regular session, shall constitute confirmation by the Senate.
267	267	18 Each member of the committee shall serve after the expiration
268	268	19 of his or her term until his or her successor is appointed and
269	269	20 may be appointed to more than one term.
270	270	21 "(f) Commencing on the effective date of the act
271	271	22 adding this language, no committee member may serve for any
272	272	23 consecutive terms of office. Upon the expiration of a term of
273	273	24 office, the committee member may not be reappointed to an
274	274	25 additional term for at least four years after the expiration.
275	275	26 "(g) The committee shall perform all duties
276	276	27 prescribed by this article. The chair of the committee may
277	277	Page 10 1 create advisory subcommittees and appoint members thereto,
278	278	2 which may include members of the committee, representatives
279	279	3 from governmental agencies, and members of the public, and
280	280	4 representatives from heritage, historical, genealogical, or
281	281	5 preservation organizations with interest and expertise in the
282	282	6 objectives of the committee or knowledge of protected
283	283	7 memorials in the state and commitment to their preservation.
284	284	8 The committee shall create no more than two active advisory
285	285	9 subcommittees at any given time unless the committee votes
286	286	10 unanimously for additional subcommittees.
287	287	11 "(g) (h) Each legislative member of the committee or
288	288	12 any subcommittee, if created, shall be entitled to the
289	289	13 legislative compensation, per diem, and travel as provided in
290	290	14 Amendment 871 to the Constitution of Alabama of 1901, now
291	291	15 appearing as Section 49.01 of the Official Recompilation of
292	292	16 the Constitution of Alabama of 1901, as amended.
293	293	17 "§41-9-235.
294	294	18 "(a)(1) The duty of the committee is to preserve
295	295	19 protected memorials situated in the state. That duty includes
296	296	20 reviewing, and granting or denying, petitions for waiver and
297	297	21 petitions to raze.
298	298	22 "(1) Any governmental entity exercising control of
299	299	23 public property on which an architecturally a historically
300	300	24 significant building, memorial building, memorial school, or
301	301	25 memorial street, or monument is located, through proper
302	302	26 application, may petition the committee for any of the
303	303	27 following:
304	304	Page 11 1 "a. A a waiver from subsection (b) or subsection (c)
305	305	2 of Section 41-9-232 through an application including for the
306	306	3 relocation, removal, alteration, emergency repair, or renaming
307	307	4 of a memorial street.
308	308	5 "b. A waiver of subsection (d) of Section 41-9-232
309	309	6 for the renaming of a memorial school.
310	310	7 "c. A waiver of subsection (e) of Section 41-9-232
311	311	8 for the relocation, removal, alteration, or emergency repair
312	312	9 of an historically significant building or memorial building.
313	313	10 "(2) An application for a waiver, at a minimum,
314	314	11 shall include all of the following:
315	315	12 "a. A resolution by the controlling governmental
316	316	13 entity seeking a waiver for the renaming of a memorial school
317	317	14 or for the relocation, removal, alteration, renaming, or other
318	318	15 disturbance of the architecturally significant building,
319	319	16 memorial building, memorial street, or monument and the
320	320	17 reasons therefor.
321	321	18 "b. Written documentation of the origin of the
322	322	19 architecturally historically significant building, memorial
323	323	20 building, memorial school, or memorial street, or monument,
324	324	21 the intent of the sponsoring governmental entity at the time
325	325	22 of dedication, and any subsequent alteration, or renaming, or
326	326	23 other disturbance of the architecturally historically
327	327	24 significant building, memorial building, memorial school, or
328	328	25 memorial street, or monument.
329	329	26 "c. Written commentary from the general public and
330	330	27 any heritage, historical, genealogical, or preservation
331	331	Page 12 1 organizations with interest in the decision of the controlling
332	332	2 governmental entity, and from the general public.
333	333	3 "d. A written statement of any facts that were not
334	334	4 known at the time of the origin of the architecturally
335	335	5 historically significant building, memorial building, memorial
336	336	6 school, or memorial street, or monument, but are known now,
337	337	7 that the committee should consider in granting the waiver. The
338	338	8 absence of such facts should serve serves as a presumption
339	339	9 against the granting of a waiver by the committee.
340	340	10 "(2)a.(b) If the committee grants a petition for
341	341	11 waiver, the committee may provide reasonable conditions and
342	342	12 instructions to ensure that the architecturally historically
343	343	13 significant building, memorial building, memorial school, or
344	344	14 memorial street, or monument is restored or preserved to the
345	345	15 greatest extent possible.
346	346	16 "b.(c) In the event there is a need for emergency
347	347	17 repairs or construction at the site, or on adjacent property
348	348	18 of, or to, the architecturally historically significant
349	349	19 building, memorial building, or memorial street, or monument
350	350	20 or on adjacent property, the controlling governmental entity
351	351	21 may temporarily relocate or otherwise protect the
352	352	22 architecturally historically significant building, memorial
353	353	23 building, or memorial street, or monument without seeking a
354	354	24 waiver under the process provided in this section; provided
355	355	25 the architecturally historically significant building,
356	356	26 memorial building, or memorial street, or monument shall be
357	357	27 returned to its prior location or condition, or both, as soon
358	358	Page 13 1 as safely and reasonably possible, and no later than one year
359	359	2 month after the completion of the repair or construction. If
360	360	3 the repair or construction is expected to take more than one
361	361	4 year three months, the controlling governmental entity shall
362	362	5 seek a waiver under the process specified in this section.
363	363	6 "(d)(1) In addition to the right to petition for a
364	364	7 waiver, as provided in paragraphs a. to c., inclusive, of
365	365	8 subdivision (1) of subsection (a), a governmental entity
366	366	9 exercising control of a historically significant building or
367	367	10 memorial building may petition the committee to raze the
368	368	11 historically significant building or memorial building. The
369	369	12 application for a petition to raze shall state that the
370	370	13 historically significant building or memorial building has
371	371	14 become one, or more, of the following:
372	372	15 "a. Obsolete for the purposes for which it was
373	373	16 intended.
374	374	17 "b. Too dangerous for public use.
375	375	18 "c. Extensively damaged to the point of not being
376	376	19 capable of being restored.
377	377	20 (2) In addition to the documentation provided in
378	378	21 paragraphs a. to d., inclusive, of subdivision (2) of
379	379	22 subsection (a), an application for a petition to raze, at a
380	380	23 minimum, shall also include all of the following:
381	381	24 "a. Written documentation including, but not limited
382	382	25 to, any architectural, structural, engineering, and similar
383	383	26 studies and reports documenting the condition, limitations,
384	384	Page 14 1 danger, or inability to effect restoration of the historically
385	385	2 significant building or memorial building.
386	386	3 "b. Studies, plans, and details regarding the
387	387	4 intentions of the governmental entity to replace the
388	388	5 historically significant building or memorial building with
389	389	6 another building, and its anticipated location and function.
390	390	7 "(3) If the committee grants an application for a
391	391	8 petition to raze under this subsection, the committee shall
392	392	9 require the governmental entity to rename any replacement
393	393	10 building, resultant park, green space, or other public area
394	394	11 with the name of the original historically significant
395	395	12 building or memorial building. If the historically significant
396	396	13 building or memorial building is not replaced, the
397	397	14 governmental entity shall erect a permanent marker to
398	398	15 memorialize the event, individual, group, movement, cause,
399	399	16 military service, or war or military conflict for which the
400	400	17 razed historically significant building or memorial building
401	401	18 was named. The governmental entity exercising control of the
402	402	19 original historically significant building or memorial
403	403	20 building shall confirm to the committee that the replacement
404	404	21 building, resultant park, green space, or other public area
405	405	22 bears the name of the original historically significant
406	406	23 building or memorial building or that a suitable permanent
407	407	24 memorial marker has been erected, if the historically
408	408	25 significant building or memorial building is not replaced.
409	409	26 "c.(e) If the committee fails to act on a completed
410	410	27 application for a petition for waiver or petition to raze
411	411	Page 15 1 within 90 days after the application is submitted to the
412	412	2 committee, the waiver shall be deemed granted denied.
413	413	3 "d. If the Attorney General determines that an
414	414	4 entity exercising control of public property has renamed a
415	415	5 memorial school or has relocated, removed, altered, renamed,
416	416	6 or otherwise disturbed an architecturally significant
417	417	7 building, memorial building, memorial street, or monument from
418	418	8 that public property without first obtaining a waiver from the
419	419	9 committee as required by this article, or failed to comply
420	420	10 with the conditions and instructions issued by the committee
421	421	11 upon the grant of a waiver pursuant to this section, the
422	422	12 entity shall be fined twenty-five thousand dollars ($25,000)
423	423	13 for each violation. The fine shall be collected by the
424	424	14 Attorney General, forwarded by his or her office to the State
425	425	15 Treasurer, and deposited into the Alabama State Historic
426	426	16 Preservation Fund created in Section 41-9-255.
427	427	17 "e.(f) Judicial review of the final decision of the
428	428	18 committee may be sought pursuant to the Alabama Administrative
429	429	19 Procedure Act, Chapter 22 of this title."
430	430	20 Section 2. Sections 41-9-235.1 and 41-9-235.2 are
431	431	21 added to the Code of Alabama 1975, to read as follows:
432	432	22 §41-9-235.1.
433	433	23 (a) If a governmental entity, including any of its
434	434	24 councils, commissions, boards, or other political subdivision
435	435	25 of the governmental entity, exercising control of public
436	436	26 property has renamed a memorial school or has relocated;
437	437	27 removed; altered; obscured from view; renamed; dishonored,
438	438	Page 16 1 disparaged, or reinterpreted with competing signage, wording,
439	439	2 symbols, objects, or other types of means of communication; or
440	440	3 has otherwise disturbed a historically significant building,
441	441	4 memorial building, memorial street, or monument located on
442	442	5 public property, as prohibited under Section 41-9-232, or has
443	443	6 knowingly or unknowingly allowed any other individual, entity,
444	444	7 or governmental entity to do so; the governmental entity shall
445	445	8 be fined ten thousand dollars ($10,000) for each day that the
446	446	9 violation continues and until the governmental entity has
447	447	10 taken full restorative action to comply with this article,
448	448	11 including the return of any protected memorial to its original
449	449	12 location and condition.
450	450	13 (b) If a governmental entity, including any of its
451	451	14 councils, commissions, boards, or other political subdivision
452	452	15 of the governmental entity, exercising control of public
453	453	16 property has renamed a memorial school or has relocated;
454	454	17 removed; altered; obscured from view; renamed; dishonored,
455	455	18 disparaged, or reinterpreted with competing signage, wording,
456	456	19 symbols, objects, or other types of means of communication; or
457	457	20 has otherwise disturbed a historically significant building,
458	458	21 memorial building, or memorial street located on public
459	459	22 property, as prohibited under subsection (c), (d), or (e) of
460	460	23 Section 41-9-232, or has knowingly or unknowingly allowed any
461	461	24 other individual, entity, or governmental entity to do so
462	462	25 without first obtaining a waiver from the committee, where
463	463	26 allowed and as required by subsection (c), (d), or (e) of
464	464	27 Section 41-9-232, the governmental entity shall be fined ten
465	465	Page 17 1 thousand dollars ($10,000) for each day that the violation
466	466	2 continues and until the governmental entity has taken full
467	467	3 restorative action to comply with this article, including the
468	468	4 return of any protected memorial to its original location and
469	469	5 condition.
470	470	6 (c) Fines authorized by this section shall be
471	471	7 promptly collected by the Attorney General, forwarded by his
472	472	8 or her office to the State Treasurer, and deposited into the
473	473	9 Alabama State Historic Preservation Fund created in Section
474	474	10 41-9-255, and held for the preservation, repair,
475	475	11 refurbishment, and conservation of historically significant
476	476	12 buildings, memorial buildings, memorial streets, and
477	477	13 monuments. If the Attorney General is unable to promptly
478	478	14 collect a fine pursuant to this section, he or she shall
479	479	15 institute legal action to collect the fine.
480	480	16 (d) In addition to collecting fines authorized by
481	481	17 this section, and instituting legal action as necessary, the
482	482	18 Attorney General shall seek all remedies at law and in equity
483	483	19 to preserve protected memorials, pursuant to this article, and
484	484	20 return protected memorials to their original name, location,
485	485	21 and condition.
486	486	22 §41-9-235.2.
487	487	23 (a) Any provision of this article to the contrary
488	488	24 notwithstanding, if a governmental entity, or individual
489	489	25 member of the governing body of the governmental entity,
490	490	26 exercises control of public property in a manner that
491	491	27 violates, or allows to be violated, this article, then:
492	492	Page 18 1 (1) An action may be commenced, in the name of the
493	493	2 state, against the offending governmental entity or individual
494	494	3 member of the governing body of the governmental entity, or
495	495	4 both, on the information of any member of the public or any
496	496	5 heritage, historical, preservation, or like organization. Upon
497	497	6 the filing of an action under this subdivision, notice of the
498	498	7 action and a copy of the complaint shall be served on the
499	499	8 Attorney General. The Attorney General shall have 90 calendar
500	500	9 days after the date of service to decide whether to pursue the
501	501	10 action on behalf of the state. If the Attorney General decides
502	502	11 not to pursue the action, or fails to act within the 90
503	503	12 calendar days, the private action shall commence as originally
504	504	13 filed by the individual or organization.
505	505	14 (2) Relief may include damages for injury to any
506	506	15 protected memorial caused by the violation, recovery of the
507	507	16 cost of returning and restoring the protected memorial to its
508	508	17 original location and condition, and restitution for waste or
509	509	18 misuse of public monies that has occurred in connection with a
510	510	19 violation. This section may not be construed as limiting the
511	511	20 rights of any individual or organization to pursue any
512	512	21 additional civil or equitable remedy otherwise allowed by law
513	513	22 in an action brought under this section or independently of
514	514	23 this section. If not already recovered by the state at the
515	515	24 time of trial, fines imposed by this article shall be imposed,
516	516	25 for the benefit of the state, as provided in subsection (b).
517	517	26 (3) To effect the purposes of this article, the
518	518	27 courts of this state may use all remedies available at law and
519	519	Page 19 1 in equity, to preserve and protect protected memorials and
520	520	2 fashion remedies in addition to those enumerated in
521	521	3 subdivision (2), as are necessary to ensure that protected
522	522	4 memorials remain at, or if moved or otherwise altered or
523	523	5 affected by wrongful conduct, are returned and restored to,
524	524	6 their original location and condition.
525	525	7 (4) Punitive damages may be recovered from
526	526	8 individuals responsible for intentional, reckless, willful, or
527	527	9 wanton violation of this article.
528	528	10 (5) No security for costs from the party shall be
529	529	11 required for the issuance of a temporary restraining order or
530	530	12 preliminary injunction, and no costs shall be awarded against
531	531	13 any resident of the state for any action brought in good faith
532	532	14 under this section.
533	533	15 (6) Public monies recovered by reason of their
534	534	16 misuse by a public official shall be restored to the state,
535	535	17 county, municipality, or other governmental entity, which the
536	536	18 court determines would make the applicable public treasury
537	537	19 whole. The court may impose any conditions deemed necessary
538	538	20 and appropriate to assure that misuse of monies does not
539	539	21 recur.
540	540	22 (b) The court shall order any fines recovered
541	541	23 pursuant to this section to be paid to the State Treasurer for
542	542	24 deposit into the Alabama State Historic Preservation Fund
543	543	25 created in Section 41-9-255 and held for the preservation,
544	544	26 repair, refurbishment, and conservation of protected
545	545	27 memorials.
546	546	Page 20 1 Section 3. Sections 41-9-236 and 41-9-237 of the
547	547	2 Code of Alabama 1975, are amended to read as follows:
548	548	3 "§41-9-236.
549	549	4 "This article does not apply to any of the
550	550	5 following:
551	551	6 "(1) Art and artifacts in the collections of
552	552	7 museums, archives, and libraries.
553	553	8 "(2) Any architecturally historically significant
554	554	9 building, memorial building, memorial street, or monument that
555	555	10 is any of the following:
556	556	11 "a. Located on public property under the control of,
557	557	12 or acquired by, the State Department of Transportation, which
558	558	13 may interfere with the construction, maintenance, or operation
559	559	14 of the public transportation system. The department shall
560	560	15 strive to ensure that any architecturally historically
561	561	16 significant building, memorial building, memorial street, or
562	562	17 monument is preserved to the greatest extent possible.
563	563	18 "b. Located on public property under the control of,
564	564	19 or acquired by, a county or municipal body or a university,
565	565	20 which may interfere with the construction, maintenance, or
566	566	21 operation of the public transportation system. The governing
567	567	22 body of the county, municipality, or university shall strive
568	568	23 to ensure that any architecturally historically significant
569	569	24 building, memorial building, memorial street, or monument is
570	570	25 preserved to the greatest extent possible.
571	571	26 "c. Located on public property operated or used by a
572	572	27 utility, which may interfere with providing utility service.
573	573	Page 21 1 The utility shall strive to ensure that any architecturally
574	574	2 historically significant building, memorial building, memorial
575	575	3 street, or monument is preserved to the greatest extent
576	576	4 possible.
577	577	5 "d. Located on public property under the control of,
578	578	6 or acquired by, the Alabama State Port Authority, which may
579	579	7 interfere with the construction, maintenance, or operation of
580	580	8 the port infrastructure or port related activities. The
581	581	9 authority shall strive to ensure that any architecturally
582	582	10 historically significant building, memorial building, memorial
583	583	11 street, or monument is preserved to the greatest extent
584	584	12 possible.
585	585	13 "§41-9-237.
586	586	14 "(a) The Committee on Alabama Monument Protection,
587	587	15 pursuant to the Alabama Administrative Procedure Act, shall
588	588	16 adopt rules as necessary to provide for the implementation of
589	589	17 this article including, but not limited to, further defining
590	590	18 an architecturally significant building.
591	591	19 "(b) It is the intent of the Legislature that
592	592	20 constitutionally-created boards of trustees comply with the
593	593	21 requirements of this article and the rules adopted by the
594	594	22 Committee on Alabama Monument Protection."
595	595	23 Section 4. This act shall become effective on the
596	596	24 first day of the third month following its passage and
597	597	25 approval by the Governor, or its otherwise becoming law.
598	598	Page 22