HB242 Alabama 2021 Session

Summary

Primary Sponsor

Mike Holmes

Republican

Co-Sponsors

Tommy HanesCharlotte MeadowsChris Sells

Session

Regular Session 2021

Title

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.

Summary

The bill renames and expands the Alabama Memorial Preservation Act, creates a term-limited Committee on Alabama Monument Protection, strengthens protections for architecturally significant buildings and memorials, and adds fines and enforcement tools (including private lawsuits) to ensure preservation.

What This Bill Does

It renames the act to the Alabama Memorial Preservation Act of 2021 and updates definitions and prohibitions against disturbing protected memorials on public property. It creates the Committee on Alabama Monument Protection with term limits to review and decide on petitions for waivers and petitions to raze, and to set preservation conditions if needed. It imposes fines for violations, directs those fines into the Alabama State Historic Preservation Fund, and gives the Attorney General authority to collect fines and pursue enforcement; it also allows private parties to sue for violations and seek damages, restoration costs, and related remedies. It includes exemptions for certain art, artifacts, and specific public properties, and requires the committee to adopt implementing rules.

Who It Affects

• Government entities that own or control public property (buildings, memorial streets, monuments) and their officials, who must comply with prohibitions, may petition for waivers, and could face penalties or required restoration for violations.
• Private individuals and organizations (including preservation, historical, and heritage groups) who can participate in petitions, submit comments, or file private enforcement actions; they may also seek damages and restoration costs if violations occur.

Key Provisions

• Renaming of the act to the Alabama Memorial Preservation Act of 2021, with revised definitions for architecturally significant buildings, memorial buildings, memorial schools, memorial streets, and monuments and updated prohibitions against disturbance.
• Creation of the Committee on Alabama Monument Protection with defined membership, term limits, and duties to review, grant or deny petitions for waivers and petitions to raze, and to impose conditions for restoration when waivers are granted.
• Authority for governmental entities to petition for waivers or for petitions to raze protected memorials, with required documentation and procedures, including emergency relocation provisions and post-relocation naming requirements.
• Imposition of fines for violations (including a $25,000 per violation fine and $10,000 per day for officials’ violations) with funds deposited into the Alabama State Historic Preservation Fund; the Attorney General collects fines and enforces penalties.
• Authorization for private enforcement actions if the AG declines to pursue action, including remedies such as damages, restoration costs, punitive damages, and costs related to actions to preserve memorials; specific timelines and procedures for legal action.
• Exemptions and rulemaking: the act does not apply to certain art artifacts and to memorials located on properties under transportation, utilities, or port authority control; the Committee is to adopt implementing rules, and a specific effective-date provision.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State Historical Preservation Fund