HB128 Alabama 2024 Session

Summary

Primary Sponsor

Mark GidleyRepresentative

Republican

Session

Regular Session 2024

Title

Municipal historic preservation commissions; municipalities prohibited from designating place of worship as historic property; places of worship authorized to agree to historic designation; retroactive application, provided for

Summary

HB128 would bar municipal historic preservation commissions from designating places of worship as historic properties or districts, while letting worship places opt into designation and retroactively voiding prior designations unless ratified.

What This Bill Does

HB128 defines 'place of worship' to include churches, synagogues, mosques, and related facilities, and prohibits municipal commissions from designating them as historic properties or districts. It automatically exempts places of worship from the historic designation chapter, but lets a worship place voluntarily agree to be designated by filing with the county judge of probate. For any designation before June 1, 2024, the designation is void unless the worship place ratifies it and records that ratification with the probate judge, with retroactive or prospective effects as specified. The bill includes non-substantive technical updates and sets June 1, 2024 as the effective date.

Who It Affects

• Places of worship (churches, synagogues, mosques, and related facilities) would be automatically exempt from municipal historic designation and could choose to be designated if they file a written designation with the county judge of probate.
• Municipal historic preservation commissions and the municipalities they govern would be prohibited from designating places of worship as historic properties or historic districts and would need to recognize the automatic exemption and any worship-initiated designation.

Key Provisions

• Defines 'place of worship' to include churches, synagogues, mosques, and their integrated auxiliaries, satellites, and buildings used for education, day care, church school, benevolence, broadcasting, parking, or other related facilities.
• Prohibits municipal historic preservation commissions from designating a place of worship as a historic property or historic district.
• Automatically exempts places of worship from this chapter; worship places may voluntarily agree to designation by recording with the county judge of probate.
• retroactively applies to designations made before June 1, 2024; such designations are void unless the worship place ratifies the designation and records consent with the probate judge, specifying retroactive or prospective effects.
• Authorizes up to nonsubstantive, technical revisions to update the code language; sets June 1, 2024 as the effective date; ensures the section cannot be altered by local law and that conflicting local laws are repealed to the extent of the conflict.
• Clarifies that this bill does not apply to highways, roads, bridges, or utility structures or to actions related to them, aligning with existing law.

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

Subjects

Counties & Municipalities