AL
Alabama Senate Bill SB237

Alabama 2023 Regular Session

Alabama Senate Bill SB237 Compare Versions

Only one version of the bill is available at this time.
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44 By Senators Butler, Allen, Livingston, Scofield, Givhan,
55 Stutts, Melson, Orr, Smitherman, Sessions, Waggoner,
66 Albritton, Gudger, Williams, Chesteen, Roberts, Shelnutt,
77 Jones, Kelley, Bell, Price, Reed, Weaver, Chambliss, Beasley,
88 Stewart, Carnley
99 RFD: State Governmental Affairs
1010 First Read: 20-Apr-23
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2121 SYNOPSIS:
2222 Under existing law, the Alabama Memorial
2323 Preservation Act of 2017 prohibits architecturally
2424 significant buildings, memorial buildings, memorial
2525 streets, and monuments that are located on public
2626 property, and have been so situated for 40 or more
2727 years, from being relocated, removed, altered, renamed,
2828 or otherwise disturbed unless the Committee on Alabama
2929 Monument Protection grants a waiver, and provides
3030 penalties for violations.
3131 This bill would require a controlling
3232 governmental entity that replaces a memorial building
3333 to maintain the original name or erect a marker
3434 memorializing the name.
3535 This bill would provide that a petition for
3636 waiver is deemed denied if the Committee on Alabama
3737 Monument Protection fails to act on an application for
3838 waiver within 90 days.
3939 This bill would revise the penalties for
4040 violations and would authorize the Attorney General to
4141 commence a civil action.
4242 This bill would also require the Alabama State
4343 Council on the Arts to oversee the design,
4444 construction, and installation of a replica of the
4545 Saturn 1B Rocket, previously located at the I-65
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7575 Ardmore Welcome Center in Elkmont, Alabama, at the most
7676 northern I-65 rest stop in the state.
7777 A BILL
7878 TO BE ENTITLED
7979 AN ACT
8080 To amend Sections 41-9-233 and 41-9-235, Code of
8181 Alabama 1975, relating to the Alabama Memorial Preservation
8282 Act of 2017; to require a controlling governmental entity that
8383 replaces a memorial building to maintain the original name or
8484 erect a marker memorializing the name; to provide that a
8585 petition for waiver is deemed denied if the Committee on
8686 Alabama Monument Protection fails to act on an application for
8787 waiver within 90 days; to revise penalties for violations; to
8888 authorize the Attorney General to commence a civil action; and
8989 to require the Alabama State Council on the Arts to oversee
9090 the design, construction, and installation of a replica Saturn
9191 1B Rocket at the most northern I-65 rest stop in the state.
9292 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
9393 Section 1. Sections 41-9-233 and 41-9-235 of the Code
9494 of Alabama 1975, are amended to read as follows:
9595 "§41-9-233
9696 (a) No person may prevent the governmental entity
9797 having responsibility for maintaining any architecturally
9898 significant building, memorial building, memorial school,
9999 memorial street, or monument from taking proper and
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129129 appropriate measures, and exercising proper and appropriate
130130 means, for the protection, preservation, care, repair, or
131131 restoration of those monuments, streets, or buildings.
132132 (b) If any architecturally significant building or
133133 memorial building is razed, the governmental entity
134134 responsible for the building shall ensure that any replacement
135135 building or resulting park or green space maintains the name
136136 of the original building. If the building is not replaced, the
137137 governmental entity shall erect a marker to memorialize the
138138 person for whom the memorial building was originally named. "
139139 "§41-9-235
140140 (a)(1) Any entity exercising control of public property
141141 on which an architecturally significant building, memorial
142142 building, memorial school, memorial street, or monument is
143143 located may petition the committee for a waiver from
144144 subsection (b) or subsection (c) of Section 41-9-232 through
145145 an application including, at a minimum, all of the following:
146146 a. A resolution by the controlling entity seeking a
147147 waiver for the renaming of a memorial school or for the
148148 relocation, removal, alteration, renaming, or other
149149 disturbance of the architecturally significant building,
150150 memorial building, memorial street, or monument and the
151151 reasons therefor.
152152 b. Written documentation of the origin of the
153153 architecturally significant building, memorial building,
154154 memorial school, memorial street, or monument, the intent of
155155 the sponsoring entity at the time of dedication, and any
156156 subsequent alteration, renaming, or other disturbance of the
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186186 architecturally significant building, memorial building,
187187 memorial street, or monument.
188188 c. Written commentary from any heritage, historical,
189189 genealogical, or preservation organizations with interest in
190190 the decision of the controlling entity, and from the general
191191 public.
192192 d. A written statement of any facts that were not known
193193 at the time of the origin of the architecturally significant
194194 building, memorial building, memorial school, memorial street,
195195 or monument, but are known now, that the committee should
196196 consider in granting the waiver. The absence of such facts
197197 should serve as a presumption against the granting of a waiver
198198 by the committee.
199199 (2)a. If the committee grants a waiver, the committee
200200 may provide reasonable conditions and instructions to ensure
201201 that the architecturally significant building, memorial
202202 building, memorial school, memorial street, or monument is
203203 restored or preserved to the greatest extent possible.
204204 b.(b) In the event there is a need for emergency
205205 repairs or construction at the site of or to the
206206 architecturally significant building, memorial building,
207207 memorial street, or monument or on adjacent property, the
208208 controlling entity may temporarily relocate or otherwise
209209 protect the architecturally significant building, memorial
210210 building, memorial street, or monument without seeking a
211211 waiver under the process provided in this section; provided
212212 the architecturally significant building, memorial building,
213213 memorial street, or monument shall be returned to its prior
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243243 location or condition, or both, as soon as safely and
244244 reasonably possible, and no later than one year after the
245245 completion of the repair or construction. If the repair or
246246 construction is expected to take more than one year, the
247247 controlling entity shall seek a waiver under the process
248248 specified in this section.
249249 c.(c) If the committee fails to act on a completed
250250 application for a waiver within 90 days after the application
251251 is submitted to the committee, the waiver shall be deemed
252252 granted denied.
253253 d.(d) If the Attorney General determines that an entity
254254 exercising control of public property has renamed a memorial
255255 school or has relocated, removed, altered, renamed, or
256256 otherwise disturbed an architecturally significant building,
257257 memorial building, memorial street, or monument from that
258258 public property without first obtaining a waiver from the
259259 committee as required by this article, or failed to comply
260260 with the conditions and instructions issued by the committee
261261 upon the grant of a waiver pursuant to this section, the
262262 entity shall be fined twenty-five thousand dollars ($25,000)
263263 five thousand dollars ($5,000) for each day that the violation
264264 continues and until the entity has taken full restorative
265265 action to comply with the requirements of this article. The
266266 Attorney General may also commence a civil action to enjoin a
267267 threatened or continuing violation of this article. Upon
268268 written request of the entity and the submission of supporting
269269 documentation that restoration has begun, the Attorney General
270270 may stay the fine pending complete restoration . The fine shall
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300300 be collected by the Attorney General, forwarded by his or her
301301 office to the State Treasurer, and deposited into the Alabama
302302 State Historic Preservation Fund created in Section 41-9-255.
303303 e.(e) Judicial review of the final decision of the
304304 committee may be sought pursuant to the Alabama Administrative
305305 Procedure Act, Chapter 22 of this title."
306306 Section 2. The Alabama State Council on the Arts shall
307307 commission the design and construction and provide for the
308308 installation of a replica of the Saturn 1B Rocket at the
309309 northern most rest stop off of Interstate 65 in the state. The
310310 original Saturn 1B Rocket was donated by the National
311311 Aeronautics and Space Administration and, since 1979, has
312312 stood off of Interstate 65 at the Ardmore Welcome Center in
313313 Elkmont, Alabama. The council may accept public or private
314314 gifts, grants, and donations, including in-kind services, for
315315 use in commissioning the rocket, and may also use funds
316316 appropriated to the council by the Legislature for the
317317 purposes provided in this section.
318318 Section 3. This act shall become effective on the first
319319 day of the third month following its passage and approval by
320320 the Governor, or its otherwise becoming law.
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