SB51 Alabama 2024 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2024

Title

Alabama Memorial Preservation, memorializing marker required under certain circumstances, failure of committee to act results in denial of waiver, fine revised, and duties of Attorney General specified

Summary

SB51 tightens Alabama's Memorial Preservation Act by requiring replacement memorials to keep the original name or have a marker, speeds up waiver decisions, and strengthens penalties with AG enforcement.

What This Bill Does

It requires a controlling government entity that replaces a memorial building to maintain the original name or erect a marker memorializing the name. It sets a 90-day deadline for the Committee on Alabama Monument Protection to act on waiver requests, otherwise the waiver is deemed denied. It revisions penalties so violations can incur a $25,000 base fine plus $5,000 for each day of violation, and it authorizes the Attorney General to file civil actions to enforce the rule, with fines deposited into the Alabama State Historic Preservation Fund. It also allows temporary relocation or protection for emergency repairs for up to one year (with restoration required afterward), and outlines the waiver process and far-reaching enforcement tools.

Who It Affects

• Controlling governmental entities that manage memorial buildings, streets, monuments, or related public properties: they must preserve original names or erect memorial markers when replacing memorial structures, may seek waivers, and face penalties for noncompliance.
• The Alabama Attorney General and state enforcement agencies: they can enforce the act, collect fines, bring civil actions to stop violations, and oversee restoration-related provisions.

Key Provisions

• Replacement memorial buildings must retain the original name or have a marker commemorating the original name.
• Waiver petitions are deemed denied if the Committee on Alabama Monument Protection does not act within 90 days.
• Penalties for violations are revised to include a $25,000 base fine plus $5,000 per day of ongoing violation, with the Attorney General authorized to file civil actions; fines go to the Alabama State Historic Preservation Fund.
• Emergency repairs allow temporary relocation or protection for up to one year without a waiver, provided the site is restored to its prior state as soon as safely possible; longer projects require a waiver.
• The waiver process requires specific documentation (entity resolution, origin and changes, input from heritage groups and the public, and new facts known since dedication), with absence of facts presumed against granting the waiver.
• If a waiver is granted, the committee may impose conditions to ensure restoration or preservation.
• Judicial review of the committee's final decision is available under the Alabama Administrative Procedure Act.
• The act becomes effective October 1, 2024.

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

Subjects

Authorities, Boards, & Commissions