HB8 Alabama 2021 Session

This bill would authorize a county or municipality to remove any monument located on public property under the jurisdiction and control of the county or municipality and would require the transfer of ownership of the monument to the Department of Archives and History or the Alabama Historical Commission for maintenance and appropriate public display

This bill would also repeal the Alabama Memorial Preservation Act of 2017

Relating to historical monuments; to authorize a county or municipality to remove any monument under the jurisdiction of the county or municipality; to require the Department of Archives and History or the Alabama Historical Commission to accept the transfer of ownership of the monument, to maintain the monument, and provide appropriate public display; and to repeal Article 9A, commencing with Section 41-9-230, of Chapter 9, Title 41, Code of Alabama 1975, the Alabama Memorial Preservation Act of 2017.

Section 1

(a) For the purposes of this section, the following terms shall have the following meanings: (1) MONUMENT. A statue, portrait, or marker intended at the time of dedication to be a permanent memorial to an event, a person, a group, a movement, or military service that is part of the history of the people or geography now comprising the State of Alabama. The term does not include signage bearing historical or interpretive text, commonly known as a historical marker or wayside exhibit, or portraits or plaques installed by temporary means and not intended to be permanent at the time of installation. (2) PUBLIC PROPERTY. All property owned or leased by the State of Alabama; any county, municipal, or metropolitan government in the state; or any other entity created by act of the Legislature to perform any public function. (b) Any monument located on public property under the jurisdiction and control of a county or municipality may be removed by the governing body of that county or municipality. Ownership of any removed monument shall be transferred to either the Department of Archives and History or the Alabama Historical Commission for maintenance and public display of the monument in an appropriate location in a manner accessible to the public at large. All costs associated with the removal and relocation of the monument shall be paid out of the general funds of the county or municipality. (c) No person may prevent a governmental entity having responsibility for maintaining any monument from taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the monument.

Section 2

Article 9A, commencing with Section 41-9-230, of Chapter 9, Title 41, Code of Alabama 1975, the Alabama Memorial Preservation Act of 2017, is repealed.

Section 3

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.