Alabama 2022 Regular Session

Alabama House Bill HB246 Compare Versions

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

Old	New	Differences
1	1	1 HB246
2	2	2 216115-1
3	3	3 By Representatives Ball, Givan, Hall, Coleman, Bracy,
4	4	4 Jones (S), Daniels, Moore (M), Rogers, Morris, Boyd, Gray,
5	5	5 Hollis, Alexander, Warren, Lawrence, Hassell, Drummond,
6	6	6 Chestnut and Rafferty
7	7	7 RFD: State Government
8	8	8 First Read: 02-FEB-22
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10	10	Page 0 1 216115-1:n:01/04/2022:KMS/cmg LSA2021-2492
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16	16	7
17	17	8 SYNOPSIS: This bill would substantially revise the
18	18	9 Alabama Memorial Preservation Act of 2017, to
19	19	10 authorize a county or municipality to remove or
20	20	11 relocate any monument that has been located on
21	21	12 public property, under the jurisdiction of the
22	22	13 county or municipality, for less than 50 years.
23	23	14 This bill would require the county or
24	24	15 municipality to request a waiver from the Committee
25	25	16 on Alabama Monument Protection before removing or
26	26	17 relocating any monument that has been situated on
27	27	18 public property for 50 or more years.
28	28	19 This bill would remove architecturally
29	29	20 significant buildings, memorial buildings, memorial
30	30	21 schools, and memorial streets from application of
31	31	22 the act.
32	32	23 This bill would also provide further for
33	33	24 duties of the Director and Department of Archives
34	34	25 and History, the waiver process, and the rulemaking
35	35	26 authority of the committee.
36	36	27
37	37	Page 1 1 A BILL
38	38	2 TO BE ENTITLED
39	39	3 AN ACT
40	40	4
41	41	5 Relating to the Alabama Memorial Preservation Act of
42	42	6 2017, to amend Sections 41-9-231, 41-9-232, 41-9-233,
43	43	7 41-9-234, 41-9-235, 41-9-236, and 41-9-237, Code of Alabama
44	44	8 1975, to authorize a county or municipality to remove any
45	45	9 monument located on public property for less than 50 years; to
46	46	10 require a waiver granted by the Committee on Alabama Monument
47	47	11 Protection before removing or relocating any monument that has
48	48	12 been so situated for 50 or more years; to remove
49	49	13 architecturally significant buildings, memorial buildings,
50	50	14 memorial schools, and memorial streets from application of the
51	51	15 act; to provide further for the duties of the Director and
52	52	16 Department of Archives and History; to provide further for the
53	53	17 waiver process; to provide further for the rulemaking
54	54	18 authority of the committee; and to repeal Section 41-9-230,
55	55	19 providing for the name of the act.
56	56	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
57	57	21 Section 1. Sections 41-9-231, 41-9-232, 41-9-233,
58	58	22 41-9-234, 41-9-235, 41-9-236, and 41-9-237 of the Code of
59	59	23 Alabama 1975, are amended to read as follows:
60	60	24 "§41-9-231.
61	61	25 "For the purposes of this article, the following
62	62	26 terms shall have the following meanings:
63	63	Page 2 1 "(1) ARCHITECTURALLY SIGNIFICANT BUILDING. A
64	64	2 building located on public property that by its very nature,
65	65	3 inherent design, or structure constitutes a monument.
66	66	4 "(2)(1) COMMITTEE. The Committee on Alabama Monument
67	67	5 Protection created by this article.
68	68	6 "(3) MEMORIAL BUILDING. A building, structure, park,
69	69	7 or other institution, other than a Memorial School, that is
70	70	8 located on public property and has been erected for, or named
71	71	9 or dedicated in honor of, an event, a person, a group, a
72	72	10 movement, or military service.
73	73	11 "(4) MEMORIAL SCHOOL. A K-12 or two-year
74	74	12 postsecondary institution or facility that is located on
75	75	13 public property and has been erected for, or named or
76	76	14 dedicated in honor of, an event, a person, a group, a
77	77	15 movement, or military service.
78	78	16 "(5) MEMORIAL STREET. A street that is located on
79	79	17 public property and has been constructed for, or named or
80	80	18 dedicated in honor of, an event, a person, a group, a
81	81	19 movement, or military service.
82	82	20 "(6)(2) MONUMENT. A statue, portrait, or marker
83	83	21 intended at the time of dedication to be a permanent memorial
84	84	22 to an event, a person, a group, a movement, or military
85	85	23 service that is part of the history of the people or geography
86	86	24 now comprising the State of Alabama. The term does not include
87	87	25 signage bearing historical or interpretive text, commonly
88	88	26 known as a historical marker or wayside exhibit, or portraits
89	89	Page 3 1 or plaques installed by temporary means and not intended to be
90	90	2 permanent at the time of installation.
91	91	3 "(7)(3) PUBLIC PROPERTY. All property owned or
92	92	4 leased by the State of Alabama; any county, or municipal, or
93	93	5 metropolitan government in the state; or any other entity
94	94	6 created by act of the Legislature to perform any public
95	95	7 function.
96	96	8 "§41-9-232.
97	97	9 "(a) No architecturally significant building,
98	98	10 memorial building, memorial street, or monument which is
99	99	11 located on public property and has been so situated for 40 50
100	100	12 or more years may be relocated, or removed, altered, renamed,
101	101	13 or otherwise disturbed except as provided in Section 41-9-235.
102	102	14 "(b) No architecturally significant building,
103	103	15 memorial building, memorial street, or monument which is
104	104	16 located on public property and has been so situated for at
105	105	17 least 20 years, and less than 40 years, may be relocated,
106	106	18 removed, altered, renamed, or otherwise disturbed except as
107	107	19 provided in Section 41-9-235.
108	108	20 "(c) No memorial school which is located on public
109	109	21 property and has been so situated for 20 or more years may be
110	110	22 renamed except as provided in Section 41-9-235.
111	111	23 "§41-9-233.
112	112	24 "No person may prevent the governmental entity
113	113	25 having responsibility for maintaining any architecturally
114	114	26 significant building, memorial building, memorial school,
115	115	27 memorial street, or monument from taking proper and
116	116	Page 4 1 appropriate measures, and exercising proper and appropriate
117	117	2 means, for the protection, preservation, care, repair, or
118	118	3 restoration of those monuments, streets, or buildings.
119	119	4 "§41-9-234.
120	120	5 "(a) There is created the Committee on Alabama
121	121	6 Monument Protection.
122	122	7 "(b) The legislative members of the committee shall
123	123	8 be appointed and reappointed at the beginning of each
124	124	9 legislative quadrennium. The members of the committee
125	125	10 appointed pursuant to subdivisions (3) to (5), inclusive,
126	126	11 shall serve for terms of four years, with the exception of
127	127	12 their initial terms, which shall be staggered as provided in
128	128	13 subsection (d). Each term of a member appointed pursuant to
129	129	14 subdivisions (3) to (5), inclusive, shall expire on September
130	130	15 30. The appointing authorities shall coordinate their
131	131	16 appointments to assure committee membership is inclusive and
132	132	17 reflects the racial, gender, geographic, urban, rural, and
133	133	18 economic diversity of the state. The membership of the
134	134	19 committee shall include all of the following:
135	135	20 "(1) Two members of the House of Representatives,
136	136	21 one from the majority party and one from the minority party,
137	137	22 appointed by the Speaker of the House of Representatives.
138	138	23 "(2) Two members of the Senate, one from the
139	139	24 majority party and one from the minority party, appointed by
140	140	25 the President Pro Tempore of the Senate.
141	141	26 "(3) One member of the public, appointed by the
142	142	27 Speaker of the House of Representatives.
143	143	Page 5 1 "(4) One member of the public, appointed by the
144	144	2 President Pro Tempore of the Senate.
145	145	3 "(5) Two members of the public, appointed by the
146	146	4 Governor.
147	147	5 "(6) One actively serving county commissioner
148	148	6 appointed by the Governor.
149	149	7 "(7) One actively serving mayor or member of the
150	150	8 municipal governing body of a Class 1, Class 2, or Class 3
151	151	9 municipality appointed by the Governor.
152	152	10 "(8) One actively serving mayor or member of the
153	153	11 municipal governing body of a Class 4 to Class 8, inclusive,
154	154	12 municipality appointed by the Governor.
155	155	13 "(c) To assist the appointing authorities in the
156	156	14 process of appointing public members to the committee, each of
157	157	15 the following entities may submit a list of names to the
158	158	16 Speaker of the House of Representatives, President Pro Tempore
159	159	17 of the Senate, and Governor for consideration for appointment:
160	160	18 "(1) The Department of Archives and History.
161	161	19 "(2) The Alabama Historical Commission.
162	162	20 "(3) The Alabama Historical Association.
163	163	21 "(4) The Alabama Trust for Historic Preservation.
164	164	22 "(5) The Black Heritage Council.
165	165	23 "(d) The initial members of the committee shall be
166	166	24 appointed before September 1, 2017, and shall hold an
167	167	25 organizational meeting of the committee before October 1,
168	168	26 2017. At the organizational meeting of the committee, the
169	169	27 membership of the committee shall select a chair and a vice
170	170	Page 6 1 chair, who shall serve in that position for one year, and the
171	171	2 public members appointed pursuant to subdivisions (3) to (5),
172	172	3 inclusive, of subsection (b) shall draw lots to determine
173	173	4 which one of those members shall serve an initial term of two
174	174	5 years expiring on September 30, 2019, which two of those
175	175	6 members shall serve an initial term of three years expiring on
176	176	7 September 30, 2020, and which two of those members shall serve
177	177	8 an initial term of four years expiring on September 30, 2021.
178	178	9 The committee shall meet at least once each year, during the
179	179	10 month of October, to select a chair and vice chair to serve
180	180	11 for the following year. Thereafter, the committee shall meet
181	181	12 at the call of the chair or any majority of the members of the
182	182	13 committee. The committee shall have a continuing existence and
183	183	14 may meet, act, and conduct committee business at any place
184	184	15 within this state.
185	185	16 "(e) Initial committee members appointed pursuant to
186	186	17 subdivisions (3) to (5), inclusive, of subsection (b), shall
187	187	18 begin serving immediately upon appointment. Each committee
188	188	19 member appointed pursuant to subdivisions (3) to (5),
189	189	20 inclusive, of subsection (b), is subject to confirmation by
190	190	21 the Senate during the legislative session in which the
191	191	22 appointment is made or, if the appointment is made when the
192	192	23 Legislature is not in session, during the next special or
193	193	24 regular session. An appointee may serve in the position
194	194	25 pending confirmation by the Senate. Failure of the Senate to
195	195	26 act on the appointment during the session in which the
196	196	27 appointment is made or, if the appointment is made while the
197	197	Page 7 1 Legislature is not in session, during the next special or
198	198	2 regular session, shall constitute confirmation by the Senate.
199	199	3 Each member of the committee shall serve after the expiration
200	200	4 of his or her term until his or her successor is appointed and
201	201	5 may be appointed to more than one term.
202	202	6 "(f) The committee shall perform all duties
203	203	7 prescribed by this article. The chair of the committee may
204	204	8 create advisory subcommittees and appoint members thereto,
205	205	9 which may include members of the committee, representatives
206	206	10 from governmental agencies, and members of the public with
207	207	11 interest and expertise in the objectives of the committee. The
208	208	12 committee shall create no more than two active advisory
209	209	13 subcommittees at any given time unless the committee votes
210	210	14 unanimously for additional subcommittees.
211	211	15 "(g) The Director of the Alabama Department of
212	212	16 Archives and History shall serve as an ex officio non-voting
213	213	17 secretary to the committee, and shall provide staff assistance
214	214	18 to the committee regarding the operations, meetings, and
215	215	19 public notifications of the committee. The Department of
216	216	20 Archives and History shall maintain the minutes and records of
217	217	21 the committee.
218	218	22 "(g)(h) Each legislative member of the committee or
219	219	23 any subcommittee, if created, shall be entitled to the
220	220	24 legislative compensation, per diem, and travel as provided in
221	221	25 Amendment 871 to the Constitution of Alabama of 1901, now
222	222	26 appearing as Section 49.01 of the Official Recompilation of
223	223	27 the Constitution of Alabama of 1901, as amended.
224	224	Page 8 1 "§41-9-235.
225	225	2 "(a)(1) Any entity exercising control of public
226	226	3 property on which an architecturally significant building,
227	227	4 memorial building, memorial school, memorial street, or a
228	228	5 monument is located may petition the committee for a waiver
229	229	6 from subsection (b) or subsection (c) of Section 41-9-232
230	230	7 through an application including, at a minimum, all of the
231	231	8 following:
232	232	9 "a.(1) A resolution by the controlling entity
233	233	10 seeking a waiver for the renaming of a memorial school or for
234	234	11 the relocation, or removal, alteration, renaming, or other
235	235	12 disturbance of the architecturally significant building,
236	236	13 memorial building, memorial street, or monument and the
237	237	14 reasons therefor.
238	238	15 "b.(2) Written documentation of the origin of the
239	239	16 architecturally significant building, memorial building,
240	240	17 memorial school, memorial street, or monument, the intent of
241	241	18 the sponsoring entity at the time of dedication, and any
242	242	19 subsequent alteration, renaming, or other disturbance of the
243	243	20 architecturally significant building, memorial building,
244	244	21 memorial street, or of the monument.
245	245	22 "c.(3) Written commentary from any heritage,
246	246	23 historical, genealogical, or preservation organizations with
247	247	24 interest in the decision of the controlling entity, and from
248	248	25 the general public.
249	249	26 "d. A written statement of any facts that were not
250	250	27 known at the time of the origin of the architecturally
251	251	Page 9 1 significant building, memorial building, memorial school,
252	252	2 memorial street, or monument, but are known now, that the
253	253	3 committee should consider in granting the waiver. The absence
254	254	4 of such facts should serve as a presumption against the
255	255	5 granting of a waiver by the committee.
256	256	6 "(4) A written, fully executed agreement between the
257	257	7 controlling entity and an eligible intended recipient entity
258	258	8 stating that, if a waiver from Section 41-9-232 is granted,
259	259	9 ownership and responsibility for the monument shall be
260	260	10 transferred from the controlling entity to the recipient
261	261	11 entity. The agreement shall also provide details on the
262	262	12 anticipated date of transfer, details on the process for
263	263	13 removal and reinstallation, details on the location and
264	264	14 condition of the intended new placement, provisions for the
265	265	15 cost of transfer and ongoing maintenance, and provisions for
266	266	16 ongoing public access to the monument. An eligible recipient
267	267	17 entity may include any of the following:
268	268	18 "a. A park, cemetery, museum, or similar space under
269	269	19 the jurisdiction of the controlling entity.
270	270	20 "b. Any county or municipal government in the state.
271	271	21 "c. Any state agency.
272	272	22 "d. Any other entity created by act of the
273	273	23 Legislature to perform a public function.
274	274	24 "e. Any private organization.
275	275	25 "(b) The committee shall evaluate the waiver request
276	276	26 for the quality and completeness of the required documentation
277	277	27 and for the reasonable sufficiency of details and provisions
278	278	Page 10 1 in the agreement between the controlling entity and recipient
279	279	2 entity as required by subdivision (a)(4). The committee may
280	280	3 decline to grant a waiver if the waiver request is
281	281	4 insufficient or incomplete, or may require revisions to the
282	282	5 waiver request for further consideration.
283	283	6 "(2)a.(c) If the committee grants a waiver, the
284	284	7 committee may provide reasonable conditions and instructions
285	285	8 to ensure that the architecturally significant building,
286	286	9 memorial building, memorial school, memorial street, or
287	287	10 monument is restored or preserved to the greatest extent
288	288	11 possible. The committee, as a condition of granting a waiver,
289	289	12 may require that the provided conditions and instructions be
290	290	13 adopted as an amendment to the agreement between the
291	291	14 controlling entity and the recipient entity.
292	292	15 "b.(d) In the event there is a need for emergency
293	293	16 repairs or construction at the site of or to the
294	294	17 architecturally significant building, memorial building,
295	295	18 memorial street, or monument or on adjacent property, the
296	296	19 controlling entity may temporarily relocate or otherwise
297	297	20 protect the architecturally significant building, memorial
298	298	21 building, memorial street, or monument without seeking a
299	299	22 waiver under the process provided in this section; provided
300	300	23 the architecturally significant building, memorial building,
301	301	24 memorial street, or monument shall be returned to its prior
302	302	25 location or condition, or both, as soon as safely and
303	303	26 reasonably possible, and no later than one year after the
304	304	27 completion of the repair or construction. If the repair or
305	305	Page 11 1 construction is expected to take more than one year, the
306	306	2 controlling entity shall seek a waiver under the process
307	307	3 specified in this section.
308	308	4 "c.(e) The committee shall establish and publish a
309	309	5 quarterly schedule of submission deadlines and committee
310	310	6 meetings for the review of applications for waiver. If the
311	311	7 committee fails to act on a completed an eligible, properly
312	312	8 submitted application for a waiver within 90 days after the
313	313	9 application is submitted to the committee a quarterly deadline
314	314	10 for submissions, the waiver shall be deemed granted.
315	315	11 "d.(f) If the Attorney General determines that an
316	316	12 entity exercising control of public property has renamed a
317	317	13 memorial school or has relocated, or removed, altered,
318	318	14 renamed, or otherwise disturbed an architecturally significant
319	319	15 building, memorial building, memorial street, or a monument
320	320	16 from situated on that public property for 50 or more years
321	321	17 without first obtaining a waiver from the committee as
322	322	18 required by this article, or failed to comply with the
323	323	19 conditions and instructions issued by the committee upon the
324	324	20 grant of a waiver pursuant to this section, the entity shall
325	325	21 be fined twenty-five thousand dollars ($25,000) for each
326	326	22 violation. The fine shall be collected by the Attorney
327	327	23 General, forwarded by his or her office to the State
328	328	24 Treasurer, and deposited into the Alabama State Historic
329	329	25 Preservation Fund created in Section 41-9-255.
330	330	Page 12 1 "e.(g) Judicial review of the final decision of the
331	331	2 committee may be sought pursuant to the Alabama Administrative
332	332	3 Procedure Act, Chapter 22 of this title.
333	333	4 "§41-9-236.
334	334	5 "This article does not apply to any of the
335	335	6 following:
336	336	7 "(1) Art and artifacts in the collections of
337	337	8 museums, archives, and libraries.
338	338	9 "(2) Any architecturally significant building,
339	339	10 memorial building, memorial street, or monument that is any of
340	340	11 the following:
341	341	12 "a. Located on public property under the control of,
342	342	13 or acquired by, the State Department of Transportation, which
343	343	14 may interfere with the construction, maintenance, or operation
344	344	15 of the public transportation system. The department shall
345	345	16 strive to ensure that any architecturally significant
346	346	17 building, memorial building, memorial street, or monument is
347	347	18 preserved to the greatest extent possible.
348	348	19 "b. Located on public property under the control of,
349	349	20 or acquired by, a county or municipal body or a university,
350	350	21 which may interfere with the construction, maintenance, or
351	351	22 operation of the public transportation system. The governing
352	352	23 body of the county, municipality, or university shall strive
353	353	24 to ensure that any architecturally significant building,
354	354	25 memorial building, memorial street, or monument is preserved
355	355	26 to the greatest extent possible.
356	356	Page 13 1 "c. Located on public property operated or used by a
357	357	2 utility, which may interfere with providing utility service.
358	358	3 The utility shall strive to ensure that any architecturally
359	359	4 significant building, memorial building, memorial street, or
360	360	5 monument is preserved to the greatest extent possible.
361	361	6 "d. Located on public property under the control of,
362	362	7 or acquired by, the Alabama State Port Authority, which may
363	363	8 interfere with the construction, maintenance, or operation of
364	364	9 the port infrastructure or port related activities. The
365	365	10 authority shall strive to ensure that any architecturally
366	366	11 significant building, memorial building, memorial street, or
367	367	12 monument is preserved to the greatest extent possible.
368	368	13 "§41-9-237.
369	369	14 "The Committee on Alabama Monument Protection,
370	370	15 pursuant to the Alabama Administrative Procedure Act, shall
371	371	16 adopt rules as necessary to provide for the implementation of
372	372	17 this article including, but not limited to, further defining
373	373	18 an architecturally significant building schedules, forms, and
374	374	19 requirements for the consideration of applications for waivers
375	375	20 and public notices required in conjunction with emergency
376	376	21 repairs or construction affecting a monument."
377	377	22 Section 2. All laws or parts of laws which conflict
378	378	23 with this act are repealed. Specifically, Section 41-9-230,
379	379	24 Code of Alabama 1975, providing for the name of the Alabama
380	380	25 Memorial Preservation Act of 2017, is repealed.
381	381	Page 14 1 Section 3. This act shall become effective on the
382	382	2 first day of the third month following its passage and
383	383	3 approval by the Governor, or its otherwise becoming law.
384	384	Page 15