AL
Alabama Senate Bill SB327

Alabama 2022 Regular Session

Alabama Senate Bill SB327 Compare Versions

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11 1 SB327
2-2 219458-3
2+2 218862-1
33 3 By Senator Sanders-Fortier
44 4 RFD: Finance and Taxation Education
55 5 First Read: 17-MAR-22
66
7-Page 0 1 SB327
7+Page 0 1 218862-1:n:03/17/2022:KMS/cr LSA2022-979
88 2
99 3
10-4 ENGROSSED
10+4
1111 5
1212 6
13-7 A BILL
14-8 TO BE ENTITLED
15-9 AN ACT
16-10
17-11 To create the Healing History Act; to provide
18-12 legislative findings; to establish the Tuskegee Airmen Freedom
19-13 Fund in the State Treasury, administered by the Alabama State
20-14 Council on the Arts, to provide for the commissioning of
21-15 public art; to add to the name of the Edmund W. Pettus Bridge;
22-16 and to amend Section 40-8-3, Code of Alabama 1975, to allocate
23-17 a portion of the state ad valorem tax to the Tuskegee Airmen
24-18 Freedom Fund.
25-19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26-20 Section 1. (a) This section shall be known and cited
27-21 as the Healing History Act.
28-22 (b) The Legislature finds and declares all of the
29-23 following:
30-24 (1) The time for healing our history is now.
31-25 (2) Monuments and memorials that date from the
32-26 infancy of this state to the present, commemorating such
33-27 individuals, causes, and events as the confederacy, women's
34-Page 1 1 suffrage, the civil rights movement, and indigenous peoples,
35-2 should stand together representing and uplifting diverse
36-3 perspectives and significant events of Alabama history.
37-4 (3) This inclusive healing history campaign, which
38-5 represents another step towards fulfilling Dr. King's dream of
39-6 the Beloved Community where women, men, boys, and girls stand
40-7 and sit together at the "table of brotherhood," should begin
41-8 at the foot of the Edmund W. Pettus Bridge in historic Selma,
42-9 Alabama.
43-10 (c)(1) The Tuskegee Airmen Freedom Fund is created
44-11 in the State Treasury. Any monetary interest that accrues to
45-12 the fund and any monies in the fund at the end of the fiscal
46-13 year shall remain in the fund and shall not revert to the
47-14 State General Fund. No funds shall be withdrawn or expended
48-15 except as budgeted and allocated in accordance with Sections
49-16 41-4-80 through 41-4-96, inclusive, and Sections 41-19-1
50-17 through 41-19-12, inclusive, Code of Alabama 1975, and only in
51-18 the amounts authorized by the Legislature in the general
52-19 appropriation bill or other appropriation bills.
53-20 (2) The fund shall consist of all monies collected
54-21 or received pursuant to Section 40-8-3, Code of Alabama 1975,
55-22 and all grants, appropriations, gifts, donations, and other
56-23 sources for the purposes of administering the fund. The
57-24 Alabama State Council on the Arts shall develop guidelines,
58-25 policies, procedures, applications, and deadlines related to
59-26 the administration of the fund.
60-Page 2 1 (3) The fund shall be administered by the Alabama
61-2 State Council on the Arts to accomplish all of the following:
62-3 a. Accepting and reviewing grant applications for
63-4 the commissioning of public art including, but not limited to,
64-5 sculptures, monuments, memorials, murals, exhibitions,
65-6 installations, and related educational materials and
66-7 programming.
67-8 b. Accepting and reviewing grant applications for
68-9 the planning, design, and construction related to
69-10 commissioning new public art or monuments that may be placed
70-11 near monuments and memorials representing divergent
71-12 perspectives, to provide an inclusive perspective of history
72-13 while uniting themes under a healing history campaign
73-14 developed by the Alabama Humanities Alliance.
74-15 (d)(1) There is created a Tuskegee Airmen Freedom
75-16 Fund Applicant Review Commission within the Alabama State
76-17 Council on the Arts. The commission shall review requests
77-18 submitted to the Alabama State Council on the Arts for the
78-19 funding of new or existing projects from the Tuskegee Airmen
79-20 Freedom Fund, and shall approve, approve in part, or deny
80-21 those requests. The membership of the commission, which shall
81-22 be reconstituted every three years by July 1, shall consist of
82-23 three members appointed by the Executive Director of the
83-24 Alabama State Council on the Arts and two members appointed by
84-25 the Governor. Members may include legislators serving in
85-26 leadership positions with the Legislature, and vacancies in
86-Page 3 1 the commission shall be filled by the original appointing
87-2 authority for the remainder of the unexpired term.
88-3 (2) The Executive Director of the Alabama State
89-4 Council on the Arts may establish one or more temporary or
90-5 permanent advisory committees, as necessary to provide for the
91-6 implementation of this section. An advisory committee created
92-7 pursuant to this subdivision shall serve at the pleasure of
93-8 the executive director.
94-9 (3) The appointing authorities shall coordinate
95-10 their appointments to assure that the membership of the
96-11 applicant review commission and each advisory committee
97-12 created is inclusive and reflects the racial, gender,
98-13 geographic, urban, rural, and economic diversity of the state.
99-14 (e)(1) The Alabama State Council on the Arts may
100-15 accept public or private gifts, grants, and donations,
101-16 including in-kind services, for use in fulfilling any duties
102-17 imposed by this act, and may also use funds appropriated to
103-18 the Alabama State Council on the Arts by the Legislature, if
104-19 necessary. These funds shall be supplemental to any and all
105-20 other appropriations made to the Alabama State Council on the
106-21 Arts. No funds provided pursuant to this act shall be
107-22 construed to be in lieu of annual appropriations to the
108-23 Alabama State Council on the Arts, and no revenues received by
109-24 the Alabama State Council on the Arts from the Tuskegee Airmen
110-25 Freedom Fund shall replace or supplant other annual
111-26 appropriations to the Council on the Arts.
112-Page 4 1 (2) In the event funds are appropriated to the
113-2 Alabama State Council on the Arts by the Legislature, the
114-3 executive director shall submit biannual reports regarding the
115-4 status of the project, and requests for additional funding, to
116-5 the appropriate budget chairs.
117-6 (3) Up to 15 percent of the annual revenues
118-7 deposited into the Tuskegee Airmen Freedom Fund may be used
119-8 for the compensation and benefits of staff and other
120-9 administrative costs deemed necessary to implement and manage
121-10 this act and programs created pursuant to this act.
122-11 (f) The Department of Transportation shall place an
123-12 appropriate marker at the foot of the Edmund W. Pettus Bridge
124-13 in Selma, acknowledging the bridge as the Bridge of Hope and
125-14 the foundation of the Healing History campaign, where all of
126-15 Alabama's history is embraced and acknowledged for the purpose
127-16 of healing history.
128-17 Section 2. (a) For purposes of this section, the
129-18 term local legislative delegation shall include all members of
130-19 the Legislature representing any portion of Dallas County.
131-20 (b)(1) Notwithstanding the Alabama Memorial
132-21 Preservation Act of 2017, Article 9A, commencing with Section
133-22 41-9-230, of Chapter 9 of Title 41, Code of Alabama 1975, or
134-23 any other law or rule to the contrary, the name of the Edmund
135-24 W. Pettus Bridge in Selma is amended to the Edmund W. Pettus -
136-25 Foot Soldiers Bridge.
137-26 (2) Nothing in this section shall be interpreted as
138-27 authorizing any signage on or relating to the name "Edmund W.
139-Page 5 1 Pettus Bridge" existing on the effective date of this act to
140-2 be modified or disturbed in any manner. The name "Foot
141-3 Soldiers" shall have separate signage, that may be provided
142-4 through a permanently installed light display, subject to
143-5 approval by the Department of Transportation, which includes a
144-6 silhouette of the Foot Soldiers.
145-7 (c) After the effective date of this act, the local
146-8 legislative delegation shall send written notice of the name
147-9 change to the Alabama Historical Commission and the Department
148-10 of Transportation, including a citation to this section.
149-11 (d) Upon receipt of notice, the Alabama Historical
150-12 Commission shall send notice of the name change to the
151-13 National Park Service and take any other action necessary to
152-14 ensure that the name change is reflected in the National
153-15 Register of Historic Places and any Alabama registry of
154-16 historic places.
155-17 Section 3. Section 40-8-3 of the Code of Alabama
156-18 1975, is amended to read as follows:
157-19 "§40-8-3.
158-20 "There is hereby levied for the purpose and upon the
159-21 property hereinafter named and not specifically exempted from
160-22 taxation annual taxes, as follows:
161-23 "(1) For the maintenance of the public schools of
162-24 this state, $.30 thirty cents ($.30) on each $100 one hundred
163-25 dollars ($100) of the assessed value of taxable property.
164-26 "(2) For the relief of needy Confederate soldiers
165-27 and sailors, resident citizens of Alabama this state and their
166-Page 6 1 widows, $.10 ten cents ($.10) on each $100 one hundred dollars
167-2 ($100) of the assessed value of taxable property of which one
168-3 percent of the gross amount collected will shall be expended
169-4 by the Alabama Historical Commission to provide for capital
170-5 improvements and maintenance at the Confederate Memorial Park
171-6 at Mountain Creek, Chilton County, Alabama; and one percent of
172-7 the gross amount collected shall be deposited into the
173-8 Tuskegee Airmen Freedom Fund to be expended by the Alabama
174-9 State Council on the Arts for commissioning of public art
175-10 including, but not limited to, sculptures, monuments,
176-11 memorials, murals, exhibitions, installations, and related
177-12 educational materials and programming, and other programs
178-13 provided pursuant to the Healing History Act.
179-14 "(3) For the use of the state and to raise revenue
180-15 therefor, $.25 twenty-five cents ($.25) on each $100 one
181-16 hundred dollars ($100) of the assessed value of taxable
182-17 property."
183-18 Section 4. This act shall become effective on the
184-19 first day of the third month following its passage and
185-20 approval by the Governor, or its otherwise becoming law.
186-Page 7 1
187-2
188-3 Senate
189-Read for the first time and referred to the Senate4
190-committee on Finance and Taxation Education ......5 1.7-MAR-22
191- 6
192-Read for the second time and placed on the calen-7
193-dar...............................................8 2.9-MAR-22
194- 9
195-Read for the third time and passed as amended ....10 0.5-APR-22
196-Yeas 2311
197-12 Nays 3
198-13 Abstaining 2
199-14
200-15
201-16 Patrick Harris,
202-17 Secretary.
203-18
13+7
14+8 SYNOPSIS: This bill would create the Healing History
15+9 Act and would establish the Freedom Fund in the
16+10 State Treasury, to be administered by the Alabama
17+11 State Council on the Arts, to provide for the
18+12 commissioning and protection of new monuments and
19+13 the preservation and maintenance of objects and
20+14 sites that are significant in Alabama history.
21+15 This bill would authorize legislative
22+16 members representing Dallas County to add to the
23+17 name of the Edmund W. Pettus Bridge.
24+18 This bill would also allocate a portion of
25+19 the state ad valorem tax to the Freedom Fund, to be
26+20 used by the Alabama State Council on the Arts for
27+21 the preservation, improvement, and protection of
28+22 buildings, objects, and sites that are significant
29+23 to Alabama history.
30+24
31+25 A BILL
32+26 TO BE ENTITLED
33+27 AN ACT
34+Page 1 1
35+2 To create the Healing History Act; to provide
36+3 legislative findings; to establish the Freedom Fund in the
37+4 State Treasury, administered by the Alabama State Council on
38+5 the Arts, to provide for the commissioning and protection of
39+6 new monuments and the preservation and maintenance of objects
40+7 and sites that are significant in Alabama history; to
41+8 authorize legislative members representing Dallas County to
42+9 add to the name of the Edmund W. Pettus Bridge; and to amend
43+10 Section 40-8-3, Code of Alabama 1975, to allocate a portion of
44+11 the state ad valorem tax to the Freedom Fund.
45+12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
46+13 Section 1. (a) This section shall be known and cited
47+14 as the Healing History Act.
48+15 (b) The Legislature finds and declares all of the
49+16 following:
50+17 (1) The time for healing our history is now.
51+18 (2) Monuments and memorials that date from the
52+19 infancy of this state to the present, commemorating such
53+20 individuals, causes, and events as the confederacy, women's
54+21 suffrage, the civil rights movement, and indigenous peoples,
55+22 should stand together representing and uplifting diverse
56+23 perspectives and significant events of Alabama history.
57+24 (3) This inclusive healing history campaign, which
58+25 represents another step towards fulfilling Dr. King's dream of
59+26 the Beloved Community where women, men, boys, and girls stand
60+27 and sit together at the "table of brotherhood," should begin
61+Page 2 1 at the foot of the Edmund W. Pettus Bridge in historic Selma,
62+2 Alabama.
63+3 (c)(1) The Freedom Fund is created in the State
64+4 Treasury. Any monetary interest that accrues to the fund and
65+5 any monies in the fund at the end of the fiscal year shall
66+6 remain in the fund and shall not revert to the State General
67+7 Fund. No funds shall be withdrawn or expended except as
68+8 budgeted and allocated in accordance with Sections 41-4-80
69+9 through 41-4-96, inclusive, and Sections 41-19-1 through
70+10 41-19-12, inclusive, Code of Alabama 1975, and only in the
71+11 amounts authorized by the Legislature in the general
72+12 appropriation bill or other appropriation bills.
73+13 (2) The fund shall consist of all monies collected
74+14 or received pursuant to Section 40-8-3, Code of Alabama 1975,
75+15 and all grants, appropriations, gifts, donations, and other
76+16 sources for the purposes of administering the fund.
77+17 (3) The fund shall be administered by the Alabama
78+18 State Council on the Arts to accomplish all of the following:
79+19 a. Accepting and reviewing applications for new
80+20 monuments.
81+21 b. Commissioning historical monuments.
82+22 c. Preserving, to the extent determined necessary by
83+23 the council, the following:
84+24 1. Buildings in which events of great significance
85+25 to this state or United States history have taken place and
86+26 the sites surrounding those buildings.
87+Page 3 1 2. Birthplaces or residences of outstanding
88+2 individuals and the sites surrounding them.
89+3 3. Sites where historic or significant events in
90+4 history have taken place.
91+5 d. Commissioning the design and construction of new
92+6 monuments that may be placed next to monuments and memorials
93+7 representing divergent perspectives, to provide an inclusive
94+8 perspective of history while uniting themes under a healing
95+9 history campaign developed by the Alabama Council on
96+10 Humanities.
97+11 (d)(1) There is created a Freedom Fund Applicant
98+12 Review Commission within the Alabama State Council on the
99+13 Arts. The commission shall review requests submitted to the
100+14 Alabama State Council on the Arts for the funding of new or
101+15 existing projects from the Freedom Fund, and shall approve,
102+16 approve in part, or deny those requests. The membership of the
103+17 commission, which shall be reconstituted every three years by
104+18 July 1, shall consist of three members appointed by the
105+19 Executive Director of the Alabama State Council on the Arts
106+20 and one member appointed by the Governor. Members may include
107+21 legislators serving in leadership positions with the
108+22 Legislature and vacancies in the commission shall be filled by
109+23 the original appointing authority for the remainder of the
110+24 unexpired term.
111+25 (2) The Executive Director of the Alabama State
112+26 Council on the Arts may establish one or more temporary or
113+27 permanent advisory committees, as necessary to provide for the
114+Page 4 1 implementation of this section. An advisory committee created
115+2 pursuant to this subdivision shall serve at the pleasure of
116+3 the executive director.
117+4 (3) The appointing authorities shall coordinate
118+5 their appointments to ensure that the membership of the
119+6 applicant review commission and each advisory committee
120+7 created is inclusive and reflects the racial, gender,
121+8 geographic, urban, rural, and economic diversity of the state.
122+9 (e) The Alabama State Council on the Arts may accept
123+10 public or private gifts, grants, and donations, including
124+11 in-kind services, for use in fulfilling any duties imposed by
125+12 this act, and may also use funds appropriated to the Alabama
126+13 State Council on the Arts by the Legislature, if necessary. In
127+14 the event funds are appropriated to the Alabama State Council
128+15 on the Arts by the Legislature, the executive director shall
129+16 submit quarterly reports regarding the status of the project,
130+17 and requests for additional funding, to the appropriate budget
131+18 chairs.
132+19 (f) The Department of Transportation shall place an
133+20 appropriate marker at the foot of the Edmund W. Pettus Bridge
134+21 in Selma, acknowledging the bridge as the Bridge of Hope and
135+22 the foundation of the Healing History campaign, where all of
136+23 Alabama's history is embraced and acknowledged for the purpose
137+24 of healing history.
138+25 Section 2. (a) For purposes of this section, the
139+26 term local legislative delegation shall include all members of
140+27 the Legislature representing any portion of Dallas County.
141+Page 5 1 (b)(1)a. Notwithstanding the Alabama Memorial
142+2 Preservation Act of 2017, Article 9A, commencing with Section
143+3 41-9-230, of Chapter 9 of Title 41, Code of Alabama 1975, or
144+4 any other law or rule to the contrary, the name of the Edmund
145+5 W. Pettus Bridge in Selma may be amended to the Edmund W.
146+6 Pettus-Foot Soldiers Bridge by the adoption of a unanimous
147+7 resolution by the local legislative delegation at a public
148+8 meeting called by the Senate member of the local legislative
149+9 delegation or, if there are multiple Senate members in the
150+10 local legislative delegation, the longest-serving Senate
151+11 member.
152+12 b. Notice of any meeting to discuss or consider the
153+13 change shall be given at least 10 days before the meeting.
154+14 c. The local legislative delegation may hold any
155+15 number of public meetings to discuss a change in the name of
156+16 the bridge. A resolution to change the name of the bridge may
157+17 only be adopted at a meeting specifically noticed and called
158+18 for that purpose.
159+19 d. Nothing in this section shall be interpreted as
160+20 authorizing any signage, on or relating to the name "Edmund W.
161+21 Pettus Bridge," existing on the effective date of this act, to
162+22 be modified or disturbed in any manner. The name "Foot
163+23 Soldiers" shall have separate signage, that may be provided
164+24 through a light display, subject to approval by the Department
165+25 of Transportation, that includes the silhouette of a Foot
166+26 Soldier.
167+Page 6 1 (2) Upon adoption of the resolution, the local
168+2 legislative delegation shall send written notice to the
169+3 Alabama Historical Commission and the Department of
170+4 Transportation including, but not limited to, both of the
171+5 following:
172+6 a. A copy of the resolution signed by each member of
173+7 the local legislative delegation designating the new name of
174+8 the bridge as the Edmund W. Pettus-Foot Soldiers Bridge.
175+9 b. A citation to this section.
176+10 (3) Upon receipt of notice, the Alabama Historical
177+11 Commission shall send notice of the change to the National
178+12 Park Service and take any other action necessary to ensure
179+13 that the name change is reflected in the National Register of
180+14 Historic Places and any Alabama registry of historic places.
181+15 (c) Notwithstanding the Alabama Memorial
182+16 Preservation Act of 2017, Article 9A, commencing with Section
183+17 41-9-230, of Chapter 9 of Title 41, Code of Alabama 1975, or
184+18 any other law or rule to the contrary, the legislative
185+19 delegation, by unanimous consent, may approve the installation
186+20 of permanent decorative lighting on the Edmund W. Pettus
187+21 Bridge to increase tourism in the area.
188+22 Section 3. Section 40-8-3 of the Code of Alabama
189+23 1975, is amended to read as follows:
190+24 "§40-8-3.
191+25 "There is hereby levied for the purpose and upon the
192+26 property hereinafter named and not specifically exempted from
193+27 taxation annual taxes, as follows:
194+Page 7 1 "(1) For the maintenance of the public schools of
195+2 this state, $.30 thirty cents ($.30) on each $100 one hundred
196+3 dollars ($100) of the assessed value of taxable property.
197+4 "(2) For the relief of needy Confederate soldiers
198+5 and sailors, resident citizens of Alabama this state and their
199+6 widows, $.10 ten cents ($.10) on each $100 one hundred dollars
200+7 ($100) of the assessed value of taxable property of which one
201+8 percent of the gross amount collected will shall be expended
202+9 by the Alabama Historical Commission to provide for capital
203+10 improvements and maintenance at the Confederate Memorial Park
204+11 at Mountain Creek, Chilton County, Alabama; and one percent of
205+12 the gross amount collected shall be deposited into the Freedom
206+13 Fund to be expended by the Alabama State Council on the Arts
207+14 to provide for the commissioning and protection of new
208+15 monuments and the preservation, improvement, maintenance, and
209+16 protection of buildings, objects, and sites that have
210+17 significance to Alabama history, and as otherwise provided by
211+18 law, pursuant to the Healing History Act.
212+19 "(3) For the use of the state and to raise revenue
213+20 therefor, $.25 twenty-five cents ($.25) on each $100 one
214+21 hundred dollars ($100) of the assessed value of taxable
215+22 property."
216+23 Section 4. This act shall become effective on the
217+24 first day of the third month following its passage and
218+25 approval by the Governor, or its otherwise becoming law.
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