Alabama 2022 Regular Session

Alabama Senate Bill SB54 Compare Versions

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

Old	New	Differences
1	1	1 SB54
2	2	2 215690-1
3	3	3 By Senator Allen
4	4	4 RFD: Governmental Affairs
5	5	5 First Read: 11-JAN-22
6	6
7	7	Page 0 1 215690-1:n:11/15/2021:KMS/cmg LSA2021-2392
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10	10	4
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13	13	7
14	14	8 SYNOPSIS: Under existing law, the Alabama Memorial
15	15	9 Preservation Act of 2017 prohibits architecturally
16	16	10 significant buildings, memorial buildings, memorial
17	17	11 streets, and monuments that are located on public
18	18	12 property, and have been so situated for 40 or more
19	19	13 years, from being relocated, removed, altered,
20	20	14 renamed, or otherwise disturbed and provides
21	21	15 penalties for violations.
22	22	16 This bill would require a controlling
23	23	17 governmental entity that replaces a memorial
24	24	18 building to maintain the original name or erect a
25	25	19 marker memorializing the name.
26	26	20 This bill would provide that a petition for
27	27	21 waiver is deemed denied if the Committee on Alabama
28	28	22 Monument Protection fails to act on an application
29	29	23 for waiver within 90 days.
30	30	24 This bill would revise the penalties for
31	31	25 violations and would authorize the Attorney General
32	32	26 to commence a civil action.
33	33	Page 1 1 This bill would also require the Alabama
34	34	2 Historical Commission to oversee the design and
35	35	3 construction of a statue of civil rights leader
36	36	4 John Lewis at the entrance to the Edmund Pettus
37	37	5 Bridge.
38	38	6
39	39	7 A BILL
40	40	8 TO BE ENTITLED
41	41	9 AN ACT
42	42	10
43	43	11 To amend Sections 41-9-233 and 41-9-235, Code of
44	44	12 Alabama 1975, relating to the Alabama Memorial Preservation
45	45	13 Act of 2017; to require a controlling governmental entity that
46	46	14 replaces a memorial building to maintain the original name or
47	47	15 erect a marker memorializing the name; to provide that a
48	48	16 petition for waiver is deemed denied if the Committee on
49	49	17 Alabama Monument Protection fails to act on an application for
50	50	18 waiver within 90 days; to revise penalties for violations; to
51	51	19 authorize the Attorney General to commence a civil action; and
52	52	20 to add Section 41-9-238 to the Code of Alabama 1975, to
53	53	21 require the Alabama Historical Commission to oversee the
54	54	22 design and installation of a statue of John Lewis at the
55	55	23 entrance to the Edmund Pettus Bridge.
56	56	24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
57	57	25 Section 1. Sections 41-9-233 and 41-9-235, Code of
58	58	26 Alabama 1975, are amended to read as follows:
59	59	27 "§41-9-233.
60	60	Page 2 1 "(a) No person may prevent the governmental entity
61	61	2 having responsibility for maintaining any architecturally
62	62	3 significant building, memorial building, memorial school,
63	63	4 memorial street, or monument from taking proper and
64	64	5 appropriate measures, and exercising proper and appropriate
65	65	6 means, for the protection, preservation, care, repair, or
66	66	7 restoration of those monuments, streets, or buildings.
67	67	8 "(b) No person may prevent the governmental entity
68	68	9 having responsibility for maintaining any architecturally
69	69	10 significant building or memorial building from razing the
70	70	11 building so long as any replacement building or resulting park
71	71	12 or green space maintains the name of the original building. If
72	72	13 the building is not replaced, the governmental entity shall
73	73	14 erect a marker to memorialize the person for whom the memorial
74	74	15 building was originally named.
75	75	16 "§41-9-235.
76	76	17 "(a)(1) Any entity exercising control of public
77	77	18 property on which an architecturally significant building,
78	78	19 memorial building, memorial school, memorial street, or
79	79	20 monument is located may petition the committee for a waiver
80	80	21 from subsection (b) or subsection (c) of Section 41-9-232
81	81	22 through an application including, at a minimum, all of the
82	82	23 following:
83	83	24 "a. A resolution by the controlling entity seeking a
84	84	25 waiver for the renaming of a memorial school or for the
85	85	26 relocation, removal, alteration, renaming, or other
86	86	27 disturbance of the architecturally significant building,
87	87	Page 3 1 memorial building, memorial street, or monument and the
88	88	2 reasons therefor.
89	89	3 "b. Written documentation of the origin of the
90	90	4 architecturally significant building, memorial building,
91	91	5 memorial school, memorial street, or monument, the intent of
92	92	6 the sponsoring entity at the time of dedication, and any
93	93	7 subsequent alteration, renaming, or other disturbance of the
94	94	8 architecturally significant building, memorial building,
95	95	9 memorial street, or monument.
96	96	10 "c. Written commentary from any heritage,
97	97	11 historical, genealogical, or preservation organizations with
98	98	12 interest in the decision of the controlling entity, and from
99	99	13 the general public.
100	100	14 "d. A written statement of any facts that were not
101	101	15 known at the time of the origin of the architecturally
102	102	16 significant building, memorial building, memorial school,
103	103	17 memorial street, or monument, but are known now, that the
104	104	18 committee should consider in granting the waiver. The absence
105	105	19 of such facts should serve as a presumption against the
106	106	20 granting of a waiver by the committee.
107	107	21 "(2)a. If the committee grants a waiver, the
108	108	22 committee may provide reasonable conditions and instructions
109	109	23 to ensure that the architecturally significant building,
110	110	24 memorial building, memorial school, memorial street, or
111	111	25 monument is restored or preserved to the greatest extent
112	112	26 possible.
113	113	Page 4 1 "b.(b) In the event there is a need for emergency
114	114	2 repairs or construction at the site of or to the
115	115	3 architecturally significant building, memorial building,
116	116	4 memorial street, or monument or on adjacent property, the
117	117	5 controlling entity may temporarily relocate or otherwise
118	118	6 protect the architecturally significant building, memorial
119	119	7 building, memorial street, or monument without seeking a
120	120	8 waiver under the process provided in this section; provided
121	121	9 the architecturally significant building, memorial building,
122	122	10 memorial street, or monument shall be returned to its prior
123	123	11 location or condition, or both, as soon as safely and
124	124	12 reasonably possible, and no later than one year after the
125	125	13 completion of the repair or construction. If the repair or
126	126	14 construction is expected to take more than one year, the
127	127	15 controlling entity shall seek a waiver under the process
128	128	16 specified in this section.
129	129	17 "c.(c) If the committee fails to act on a completed
130	130	18 application for a waiver within 90 days after the application
131	131	19 is submitted to the committee, the waiver shall be deemed
132	132	20 granted denied.
133	133	21 "d.(d) If the Attorney General determines that an
134	134	22 entity exercising control of public property has renamed a
135	135	23 memorial school or has relocated, removed, altered, renamed,
136	136	24 or otherwise disturbed an architecturally significant
137	137	25 building, memorial building, memorial street, or monument from
138	138	26 that public property without first obtaining a waiver from the
139	139	27 committee as required by this article, or failed to comply
140	140	Page 5 1 with the conditions and instructions issued by the committee
141	141	2 upon the grant of a waiver pursuant to this section, the
142	142	3 entity shall be fined twenty-five thousand dollars ($25,000)
143	143	4 five thousand dollars ($5,000) for each day that the violation
144	144	5 continues and until the entity has taken full restorative
145	145	6 action to comply with the requirements of this article. The
146	146	7 Attorney General may also commence a civil action to enjoin a
147	147	8 threatened or continuing violation of this article. Upon
148	148	9 written request of the entity and the submission of supporting
149	149	10 documentation that restoration has begun, the Attorney General
150	150	11 may stay the fine pending complete restoration. The fine shall
151	151	12 be collected by the Attorney General, forwarded by his or her
152	152	13 office to the State Treasurer, and deposited into the Alabama
153	153	14 State Historic Preservation Fund created in Section 41-9-255.
154	154	15 "e.(e) Judicial review of the final decision of the
155	155	16 committee may be sought pursuant to the Alabama Administrative
156	156	17 Procedure Act, Chapter 22 of this title."
157	157	18 Section 2. Section 41-9-238 is added to the Code of
158	158	19 Alabama 1975, to read as follows:
159	159	20 The Alabama Historical Commission shall commission
160	160	21 the design and construction of a life-size statue in
161	161	22 dedication to, and in recognition of, civil rights leader John
162	162	23 Lewis. The statue shall include a protective barrier and
163	163	24 pedestal base and shall be placed near the southeastern
164	164	25 entrance to the Edmund Pettus Bridge. The commission may
165	165	26 accept public or private gifts, grants, and donations,
166	166	27 including in-kind services, for use in commissioning the
167	167	Page 6 1 statue, and may also use funds appropriated to the commission
168	168	2 by the Legislature, if necessary. The statue may not be
169	169	3 relocated, removed, altered, renamed, or otherwise disturbed
170	170	4 without the prior permission of the commission.
171	171	5 Section 3. This act shall become effective
172	172	6 immediately following its passage and approval by the
173	173	7 Governor, or its otherwise becoming law.
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