SB344 Alabama 2025 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

2025 Regular Session

Title

Alabama Memorial Preservation Act, 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

SB344 strengthens Alabama's Memorial Preservation Act by requiring original memorial names or markers on replacements, speeding waiver decisions, and increasing penalties and enforcement.

What This Bill Does

It requires a governing entity that replaces a memorial building to keep the original name or install a marker memorializing that name. If a waiver application is not acted upon within 90 days, the waiver is deemed denied. It increases penalties for violations, allowing a $25,000 fine plus $5,000 per day of continuing violation, with the Attorney General able to sue to enforce and fines deposited into the Alabama State Historic Preservation Fund (a stay of fines is possible if restoration begins). It also allows emergency repairs to proceed temporarily for up to one year without a waiver, provided the site is returned to its prior condition afterward or the work is otherwise resolved through a waiver if longer.

Who It Affects

• Governing entities that control memorial buildings or related public properties; they must preserve the original name or erect a marker and may face fines and civil action for noncompliance.
• The Attorney General and state enforcement bodies; they gain authority to enforce the act, collect fines, pursue civil actions, and manage the preservation fund.

Key Provisions

• Replaces a memorial building: the responsible government entity must maintain the original name or erect a marker memorializing that name when the building is replaced.
• Waiver process: a waiver petition must include a resolution, origin documentation, commentary from heritage/public groups, and known/new facts; if the committee fails to act within 90 days, the waiver is deemed denied.
• Penalties and enforcement: violations can incur up to $25,000 in fines plus $5,000 per day until restoration; the Attorney General can file civil actions; fines go to the Alabama State Historic Preservation Fund; a stay of the fine is possible if restoration begins.
• Emergency repairs: temporary relocation or protection is allowed for up to one year without a waiver, as long as the site is restored to its prior condition afterward; if more than a year is needed, a waiver must be sought.
• Waiver information requirements: applications must include specified documentation and evidence; the absence of certain facts is presumed against granting the waiver.
• Effective date: the act becomes effective October 1, 2025.

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