SB237INTRODUCED
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PK5FGG-1
By Senators Butler, Allen, Livingston, Scofield, Givhan,
Stutts, Melson, Orr, Smitherman, Sessions, Waggoner,
Albritton, Gudger, Williams, Chesteen, Roberts, Shelnutt,
Jones, Kelley, Bell, Price, Reed, Weaver, Chambliss, Beasley,
Stewart, Carnley
RFD: State Governmental Affairs
First Read: 20-Apr-23
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SYNOPSIS:
Under existing law, the Alabama Memorial
Preservation Act of 2017 prohibits architecturally
significant buildings, memorial buildings, memorial
streets, and monuments that are located on public
property, and have been so situated for 40 or more
years, from being relocated, removed, altered, renamed,
or otherwise disturbed unless the Committee on Alabama
Monument Protection grants a waiver, and provides
penalties for violations.
This bill would require a controlling
governmental entity that replaces a memorial building
to maintain the original name or erect a marker
memorializing the name.
This bill would provide that a petition for
waiver is deemed denied if the Committee on Alabama
Monument Protection fails to act on an application for
waiver within 90 days.
This bill would revise the penalties for
violations and would authorize the Attorney General to
commence a civil action.
This bill would also require the Alabama State
Council on the Arts to oversee the design,
construction, and installation of a replica of the
Saturn 1B Rocket, previously located at the I-65
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Ardmore Welcome Center in Elkmont, Alabama, at the most
northern I-65 rest stop in the state.
A BILL
TO BE ENTITLED
AN ACT
To amend Sections 41-9-233 and 41-9-235, Code of
Alabama 1975, relating to the Alabama Memorial Preservation
Act of 2017; to require a controlling governmental entity that
replaces a memorial building to maintain the original name or
erect a marker memorializing the name; to provide that a
petition for waiver is deemed denied if the Committee on
Alabama Monument Protection fails to act on an application for
waiver within 90 days; to revise penalties for violations; to
authorize the Attorney General to commence a civil action; and
to require the Alabama State Council on the Arts to oversee
the design, construction, and installation of a replica Saturn
1B Rocket at the most northern I-65 rest stop in the state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 41-9-233 and 41-9-235 of the Code
of Alabama 1975, are amended to read as follows:
"§41-9-233
(a) No person may prevent the governmental entity
having responsibility for maintaining any architecturally
significant building, memorial building, memorial school,
memorial street, or monument from taking proper and
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appropriate measures, and exercising proper and appropriate
means, for the protection, preservation, care, repair, or
restoration of those monuments, streets, or buildings.
(b) If any architecturally significant building or
memorial building is razed, the governmental entity
responsible for the building shall ensure that any replacement
building or resulting park or green space maintains the name
of the original building. If the building is not replaced, the
governmental entity shall erect a marker to memorialize the
person for whom the memorial building was originally named. "
"§41-9-235
(a)(1) Any entity exercising control of public property
on which an architecturally significant building, memorial
building, memorial school, memorial street, or monument is
located may petition the committee for a waiver from
subsection (b) or subsection (c) of Section 41-9-232 through
an application including, at a minimum, all of the following:
a. A resolution by the controlling entity seeking a
waiver for the renaming of a memorial school or for the
relocation, removal, alteration, renaming, or other
disturbance of the architecturally significant building,
memorial building, memorial street, or monument and the
reasons therefor.
b. Written documentation of the origin of the
architecturally significant building, memorial building,
memorial school, memorial street, or monument, the intent of
the sponsoring entity at the time of dedication, and any
subsequent alteration, renaming, or other disturbance of the
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architecturally significant building, memorial building,
memorial street, or monument.
c. Written commentary from any heritage, historical,
genealogical, or preservation organizations with interest in
the decision of the controlling entity, and from the general
public.
d. A written statement of any facts that were not known
at the time of the origin of the architecturally significant
building, memorial building, memorial school, memorial street,
or monument, but are known now, that the committee should
consider in granting the waiver. The absence of such facts
should serve as a presumption against the granting of a waiver
by the committee.
(2)a. If the committee grants a waiver, the committee
may provide reasonable conditions and instructions to ensure
that the architecturally significant building, memorial
building, memorial school, memorial street, or monument is
restored or preserved to the greatest extent possible.
b.(b) In the event there is a need for emergency
repairs or construction at the site of or to the
architecturally significant building, memorial building,
memorial street, or monument or on adjacent property, the
controlling entity may temporarily relocate or otherwise
protect the architecturally significant building, memorial
building, memorial street, or monument without seeking a
waiver under the process provided in this section; provided
the architecturally significant building, memorial building,
memorial street, or monument shall be returned to its prior
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location or condition, or both, as soon as safely and
reasonably possible, and no later than one year after the
completion of the repair or construction. If the repair or
construction is expected to take more than one year, the
controlling entity shall seek a waiver under the process
specified in this section.
c.(c) If the committee fails to act on a completed
application for a waiver within 90 days after the application
is submitted to the committee, the waiver shall be deemed
granted denied.
d.(d) If the Attorney General determines that an entity
exercising control of public property has renamed a memorial
school or has relocated, removed, altered, renamed, or
otherwise disturbed an architecturally significant building,
memorial building, memorial street, or monument from that
public property without first obtaining a waiver from the
committee as required by this article, or failed to comply
with the conditions and instructions issued by the committee
upon the grant of a waiver pursuant to this section, the
entity shall be fined twenty-five thousand dollars ($25,000)
five thousand dollars ($5,000) for each day that the violation
continues and until the entity has taken full restorative
action to comply with the requirements of this article. The
Attorney General may also commence a civil action to enjoin a
threatened or continuing violation of this article. Upon
written request of the entity and the submission of supporting
documentation that restoration has begun, the Attorney General
may stay the fine pending complete restoration . The fine shall
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be collected by the Attorney General, forwarded by his or her
office to the State Treasurer, and deposited into the Alabama
State Historic Preservation Fund created in Section 41-9-255.
e.(e) Judicial review of the final decision of the
committee may be sought pursuant to the Alabama Administrative
Procedure Act, Chapter 22 of this title."
Section 2. The Alabama State Council on the Arts shall
commission the design and construction and provide for the
installation of a replica of the Saturn 1B Rocket at the
northern most rest stop off of Interstate 65 in the state. The
original Saturn 1B Rocket was donated by the National
Aeronautics and Space Administration and, since 1979, has
stood off of Interstate 65 at the Ardmore Welcome Center in
Elkmont, Alabama. The council may accept public or private
gifts, grants, and donations, including in-kind services, for
use in commissioning the rocket, and may also use funds
appropriated to the council by the Legislature for the
purposes provided in this section.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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