HB 15

Under existing law, certain entities and government agencies are exempt from the Alabama Memorial Preservation Act of 2017

This bill would authorize any municipality to opt out of the provisions of the act upon vote of the governing body of the municipality

Relating to the Alabama Memorial Preservation Act of 2017, Act 2017-354, 2017 Regular Session; to amend Section of Act 2017-354, now appearing as Section 41-9-236 of the Code of Alabama 1975; to authorize any municipality to opt out of the provisions of the act upon vote of the governing body of the municipality.

Section 1

Section 7 of Act 2017-354 of the 2017 Regular Session, now appearing as Section 41-9-236 of the Code of Alabama 1975, is amended to read as follows:

§41-9-236.

This article does not apply to any of the following:

(1) Art and artifacts in the collections of museums, archives, and libraries.

(2) Any architecturally significant building, memorial building, memorial street, or monument that is any of the following:

a. Located on public property under the control of, or acquired by, the State Department of Transportation, which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

b. Located on public property under the control of, or acquired by, a county or municipal body or a university, which may interfere with the construction, maintenance, or operation of the public transportation system. The governing body of the county, municipality, or university shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

c. Located on public property operated or used by a utility, which may interfere with providing utility service. The utility shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

d. Located on public property under the control of, or acquired by, the Alabama State Port Authority, which may interfere with the construction, maintenance, or operation of the port infrastructure or port related activities. The authority shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

e. Located on public property under the control of, or acquired by, a municipality whose governing body votes to opt out of the provisions of this article."

Section 2

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.