Alabama 2024 Regular Session

Alabama Senate Bill SB51

Introduced
2/6/24  
Introduced
2/6/24  

Caption

Alabama Memorial Preservation, memorializing marker required under certain circumstances, failure of committee to act results in denial of waiver, fine revised, and duties of Attorney General specified

Impact

The amendments introduced by SB51 clarify the responsibilities of governmental entities when dealing with architecturally significant buildings and memorials. By enforcing the preservation of names, SB51 plans to honor the historical significance of these structures, while the 90-day deadline for waiver decisions seeks to ensure that applications are processed in a timely manner. This act is expected to maintain the integrity and historical context of significant buildings, reducing the chances of hasty decisions regarding their fate.

Summary

SB51 seeks to amend the Alabama Memorial Preservation Act of 2017, which regulates the management of architecturally significant buildings, memorial buildings, and similar structures that have been in place for 40 years or more. The bill requires that if a memorial building is replaced, the original name must be preserved, or a marker must be erected in memory of the original name. The legislation also stipulates that if the Committee on Alabama Monument Protection does not act on a waiver application within 90 days, the waiver is automatically deemed denied. This change aims to streamline the process for entities wishing to alter or remove protected structures.

Contention

There is potential for contention surrounding this bill, as it imposes stricter conditions on the ability to rename or remove memorial buildings. Proponents argue that the preservation of names is vital for honoring history and heritage, while critics may view the restrictions as an infringement on local governance and decision-making. The provisions for civil penalties, including substantial fines for noncompliance with the waiver process, may also raise concerns regarding the enforcement of this legislation and the potential burden on local authorities.

Companion Bills

No companion bills found.

Previously Filed As

AL SB344

Alabama Memorial Preservation Act, memorializing marker required under certain circumstances, failure of committee to act results in denial of waiver, fine revised, and duties of Attorney General specified

AL SB6

Alabama Memorial Preservation Act of 2017, memorial marker required, penalties revised

AL SB54

Alabama Memorial Preservation Act, governmental entity that replaces a memorial building required to maintain original name or erect a marker memorializing the name, If Committee on Alabama Monument Protection fails to act on an application for waiver within 90 days the petition for waiver is deemed denied, penalties revised, Sec. 41-9-238 added; Secs. 41-9-233, 41-9-235 am'd.

AL HB172

Alabama Memorial Preservation Act of 2017, renamed Alabama Memorial Preservation Act of 2021, term limits provided for members of Committee on Alabama Monument Protection, duties of committee regarding petitions for waiver and petitions to raze provided, additional fines imposed, duties of Attorney General provided, punitive damages authorized, Secs. 41-9-235.1, 41-9-235.2 added; Secs. 41-9-230, 41-9-231, 41-9-232, 41-9-233, 41-9-234, 41-9-235, 41-9-236, 41-9-237 am'd.

AL SB237

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.

AL HB246

Monuments, Alabama Memorial Preservation Act of 2017, a county or municipality authorize to remove any monument located on public property for less than 50 years, a waiver required from Committee on Alabama Monument Protection before monument can be removed that has been situated for 50 years of more, Sec. 41-9-230 repealed; Secs. 41-9-231 to 41-9-237, inclusive, am'd.

AL HB944

Provides relative to preservation of memorials on public property

AL HB2790

WV Historical Monument Preservation and Restoration Act

AL SB684

Creating WV Monument and Memorial Protection Act of 2022

AL HB2174

West Virginia Monument and Memorial Protection Act of 2021

Similar Bills

AL SB344

Alabama Memorial Preservation Act, memorializing marker required under certain circumstances, failure of committee to act results in denial of waiver, fine revised, and duties of Attorney General specified

AL SB6

Alabama Memorial Preservation Act of 2017, memorial marker required, penalties revised

AL HB246

Monuments, Alabama Memorial Preservation Act of 2017, a county or municipality authorize to remove any monument located on public property for less than 50 years, a waiver required from Committee on Alabama Monument Protection before monument can be removed that has been situated for 50 years of more, Sec. 41-9-230 repealed; Secs. 41-9-231 to 41-9-237, inclusive, am'd.

AL SB237

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.

AL SB54

Alabama Memorial Preservation Act, governmental entity that replaces a memorial building required to maintain original name or erect a marker memorializing the name, If Committee on Alabama Monument Protection fails to act on an application for waiver within 90 days the petition for waiver is deemed denied, penalties revised, Sec. 41-9-238 added; Secs. 41-9-233, 41-9-235 am'd.

AL HB172

Alabama Memorial Preservation Act of 2017, renamed Alabama Memorial Preservation Act of 2021, term limits provided for members of Committee on Alabama Monument Protection, duties of committee regarding petitions for waiver and petitions to raze provided, additional fines imposed, duties of Attorney General provided, punitive damages authorized, Secs. 41-9-235.1, 41-9-235.2 added; Secs. 41-9-230, 41-9-231, 41-9-232, 41-9-233, 41-9-234, 41-9-235, 41-9-236, 41-9-237 am'd.

MS HB1038

Monuments and displays; prohibit construction or removal on State Capitol grounds unless authorized by the Legislature.

MS HB932

Monuments and displays; prohibit construction of or removal from or on the State Capitol grounds unless authorized by an act of the Legislature.