HB172 Alabama 2022 Session

Summary

Primary Sponsor

Tommy Hanes

Republican

Session

Regular Session 2022

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

HB172 renames and strengthens Alabama's Memorial Preservation Act, expanding protections for historic buildings, memorials, streets, and monuments and creating a new enforcement framework with a term-limited committee and fines.

What This Bill Does

It renames the act to the Alabama Memorial Preservation Act of 2021 and updates definitions to protect architecturally significant buildings, memorial buildings, memorial schools, memorial streets, and monuments on public property. It creates the Committee on Alabama Monument Protection with term limits and authorizes it to review and grant or deny petitions for waivers and petitions to raze protected memorials, including conditions for restoration when waivers are granted. It imposes fines for violations, directs those fines to be deposited into the Alabama State Historic Preservation Fund, and charges the Attorney General with collecting fines and pursuing legal action; private individuals and preservation groups can also sue for violations. It provides for damages, restoration, and in some cases punitive damages, and outlines enforcement mechanisms and exemptions, all to be administered under applicable state procedures.

Who It Affects

• Governmental entities (state, county, and municipal bodies) that control public property with architecturally significant buildings, memorial buildings, memorial schools, memorial streets, or monuments; they would be restricted from relocating, altering, or disturbing such memorials without waivers and could face fines.
• The public and preservation-oriented organizations (and individuals) who can petition the committee, participate in or initiate enforcement actions, seek damages or restoration, and benefit from funds deposited into the preservation fund to preserve protected memorials.

Key Provisions

• Renames the act to the Alabama Memorial Preservation Act of 2021 and updates definitions for protected memorials and related terms.
• Creates the Committee on Alabama Monument Protection with specified member composition and term limits, responsible for reviewing waivers and petitions to raze.
• Allows governmental entities to petition for waivers or to raze, relocate, or modify memorials, memorial streets, and memorial schools with conditions to restore or memorialize replacements.
• Imposes fines for violations, deposits fines into the Alabama State Historic Preservation Fund, and authorizes the Attorney General to collect fines and pursue legal action; private actions are also allowed.
• Provides for damages, restoration costs, punitive damages, and restitution through civil actions; establishes procedures and timelines for enforcement and review.
• Includes exemptions and administrative rules provisions (e.g., not applying to certain artifacts, museums, or transportation-related sites) and directs implementation under the Alabama Administrative Procedure Act.

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