HB349 Alabama 2017 Session

Summary

Primary Sponsor

Mack N. ButlerRepresentative

Republican

Session

Regular Session 2017

Title

Memorial Preservation Act, monuments prohibited from relocation or removal, Alabama Committee on Memorial Preservation created

Summary

The Alabama Memorial Preservation Act would shield public monuments from relocation or renaming and create a state committee to review changes and enforce restoration.

What This Bill Does

It bans relocation, removal, alteration, or renaming of monuments on public property unless a waiver is granted. It creates the Alabama Committee on Memorial Preservation to review waiver requests, grant waivers, or issue orders to restore monuments that were moved without authorization. It sets a waiver process with a 90-day decision window, allows appeals to the Circuit Court, and provides specific exemptions for certain art, artifacts, and properties managed by DOT, local governments, universities, and utilities.

Who It Affects

• Public entities that maintain monuments on public property must obtain waivers from the new committee before relocating, removing, altering, or renaming those monuments.
• Members of the public, historians, preservation groups, and other stakeholders can comment on waiver requests and may appeal committee decisions to the Circuit Court.

Key Provisions

• Establishes the Alabama Memorial Preservation Act of 2017 and defines terms such as monument, public property, and controlling entity.
• Prohibits relocation, removal, alteration, or renaming of monuments on public property except as allowed by the waiver process in Section 5.
• Restricts renaming of schools, streets, bridges, buildings, parks, preserves, or reserves on public property that have memorial status for more than 50 years, unless a waiver is approved.
• Creates the Alabama Committee on Memorial Preservation with specified membership and duties, including granting waivers and issuing restoration orders; committee records are held by the Department of Archives and History.
• Waiver process: controlling entities file a waiver request with required documentation; the committee has 90 days to decide or the waiver is deemed granted; decisions can be appealed to Montgomery County Circuit Court.
• If a monument is removed without a waiver, the committee can order restoration or replacement, with an appeal available and a stay during court proceedings.
• Exemptions: certain art and artifacts, and monuments on properties controlled by DOT, local governments, universities, or utilities may be exempt under limited circumstances to avoid interfering with essential services; agencies must strive to preserve monuments.
• The act requires rules to implement it and states it takes effect immediately after governor approval; it clarifies that no violation occurs until the committee is fully constituted and processes are in place.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Monuments