Title 41 — Title 41

This article shall be known and may be cited as the Alabama Memorial Preservation Act of 2017. History: (Act 2017-354, §1.)

“For the purposes of this article, the following terms shall have the following meanings: ”(1) ARCHITECTURALLY SIGNIFICANT BUILDING. A building located on public property that by its very nature, inherent design, or structure constitutes a monument. ”(2) COMMITTEE. The Committee …

Architecturally Significant Buildings, Memorials, Monuments, Etc. ”(a) No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered, re…

and Appropriate Actions. No person may prevent the governmental entity having responsibility for maintaining any architecturally significant building, memorial building, memorial school, memorial street, or monument from taking proper and appropriate measures, and exercising prop…

(a) There is created the Committee on Alabama Monument Protection. (b) The legislative members of the committee shall be appointed and reappointed at the beginning of each legislative quadrennium. The members of the committee appointed pursuant to subdivisions (3) to (5), inclusi…

(a)(1) Any entity exercising control of public property on which an architecturally significant building, memorial building, memorial school, memorial street, or monument is located may petition the committee for a waiver from subsection (b) or subsection (c) of Section 41-9-232 …

This article does not apply to any of the following: (1) Art and artifacts in the collections of museums, archives, and libraries. (2) Any architecturally significant building, memorial building, memorial street, or monument that is any of the following: a. Located on public prop…

The Committee on Alabama Monument Protection, pursuant to the Alabama Administrative Procedure Act, shall adopt rules as necessary to provide for the implementation of this article including, but not limited to, further defining an architecturally significant building. History: (…

The historical heritage of the State of Alabama is among its most valued and important assets, and the preservation of historic sites, buildings, and objects within the state is of great concern to Alabama and its people. It is of special value to the youth of Alabama as a consta…

The commission, as an agency of the State of Alabama, constitutes a public body corporate and shall have, in addition to those set forth specifically in this division, all powers necessary or convenient to effect the purposes for which it has been established under and by the ter…

The purpose of the Alabama Historical Commission, hereinafter referred to as the commission, shall be to acquire in its own name or in the name of the State of Alabama by purchase, devise, lease, assignment, license, condemnation, gift, bequest, transfer, or otherwise buildings, …

The commission shall consist of 21 members, one of whom shall be the Governor, one of whom shall be the Lieutenant Governor, one of whom shall be the Speaker of the House of Representatives, one of whom shall be the Director of the Department of Archives and History, one of whom …

No member of the commission shall receive any pay or emolument other than his or her expenses incurred in the discharge of his or her duties as a member of the commission which expenses shall be paid in the amounts provided for in Article 2 of Chapter 7 of Title 36 of this code. …

The commission shall hold an annual meeting at the Capitol building in Montgomery, and eight members of the commission shall constitute a quorum for the transaction of business. Additional meetings will be held at such times and places within the State of Alabama as may be consid…

(a) There is hereby established a Board of Advisors to the Alabama Historical Commission. Said board of advisors shall consist of no less than 15 persons. Each of the below listed societies, organizations, individuals, commissions, and institutions shall have the authority to nam…

The commission may employ an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission for the general supervision and execution of the work of the commission. The commission shall fix his or her compensation, wi…

The commission may employ either on a part-time or full-time basis such advisors, archaeologists, architects, engineers, attorneys, real estate appraisers, laborers, artisans, historians, caretakers, guides, peace officers, technicians, superintendents, stenographers and administ…

The commission shall have the following duties and powers: (1) To promote and increase knowledge and understanding of the history of this state from the earliest time to the present, including the archaeological, Indian, Spanish, British, French, Colonial, Confederate, and Americ…

(a) Notwithstanding any provision of law to the contrary, the Alabama Historical Commission may enter into contracts with any group or person for the recovery or salvage of archaeological treasure, sunken or abandoned ships and wrecks of the sea, or parts thereof or their content…

by Commission. (a) The following historic properties and sites shall be under the jurisdiction and control of the Alabama Historical Commission: (1) Fort Mims, Stockton, Baldwin County; (2) Fort Toulouse, Wetumpka, Elmore County; (3) Gaineswood, Demopolis, Marengo County; and (4)…

The Cahawba Historical Site, a property on the National Register of Historic Places, Dallas County, Alabama, shall be under the jurisdiction and control of the Alabama Historical Commission, which shall have full authority to develop, renovate, preserve, maintain, operate, exhibi…

(a)(1) There is established an advisory committee to be known as the Cahawba Advisory Committee, composed of 16 members, 15 of whom shall be appointed by the Governor. The Judge of Probate of Dallas County shall be the sixteenth member but shall be a member ex officio and shall n…

Expenses. The Alabama Historical Commission may acquire title, possession, or control of such properties and also of objects of historic interest at the Cahawba Historical Site as it may deem necessary or proper to be maintained, preserved, and protected on behalf of the State of…

Commission Not to Engage in Publishing or Printing of Historical Quarterlies. The commission shall not accept, acquire, operate, or maintain libraries or museums, except when the same are an integral part of one of the properties owned or managed by the commission, nor shall the …

There is hereby established in the State Treasury a fund to be known as the “Alabama State Historic Preservation Fund” into which shall be deposited all moneys received by the commission from admissions, inspection fees, gifts, donations, grants, leases, rentals, bequests, loans,…

Thereof. The commission, as an agency of the State of Alabama, shall constitute a nonprofit governmental agency and shall have a tax-exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by it shall be forever exempt…

There is hereby created the Alabama Council on Historic Pilgrimages, the same to be established under the auspices of the Alabama Historical Commission, said council having the purpose of coordinating the efforts of each of the existing and proposed historic pilgrimages in the St…

The Council on Historic Pilgrimages shall consist of seven individual members, one being appointed from each of the six districts of the state as the same shall be established by the Alabama Historical Commission and one being a representative of the Alabama Historical Commission…

Duties. (a) The individual members of the Council on Historic Pilgrimages who represent the six above described districts shall each be appointed, initially, by the Alabama Historical Commission, and three of the initially appointed members shall serve for terms of one year, with…

Reservation, Etc.; Development, Restoration, Etc., Thereof by Commission; Operation of Portion of Reservation Retained by Department of Conservation and Natural Resources. All of that part of the Fort Morgan Military Reservation lying within the Fort Morgan Military Reservation c…

Preservation of State Capitol; Powers and Duties. (a) The primary restoration, planning, and preservation responsibility for the State Capitol of Alabama and its contiguous historic grounds, designated by the United States government as a national historic landmark, is hereby del…

(a) An advisory board to be known as the Fort Tombeckbee Historical Advisory Board is hereby authorized to be appointed by the Governor for the purpose of advising the Alabama Historical Commission on the acquisition, maintenance and protection of certain properties and objects o…

The Alabama Historical Commission is subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency pursuant to Section 41-20-3, and shall have a termination date of October 1, 2007, and every four years thereafter, unless continued pursuant to the Alabama Sunse…

(a) A board of trustees, to be known as LaGrange Historical Commission, is hereby authorized to be appointed by the Governor for the purpose of acquiring, maintaining and protecting certain properties and objects of historical interest at LaGrange, in Colbert County, the site of …

The LaGrange Historical Site, Colbert County, Alabama, owned by the LaGrange Historical Commission is hereby transferred to the Alabama Historical Commission which shall have full authority to develop, renovate, preserve, maintain, operate, exhibit, and publicize the LaGrange His…

Lagrange Living Historical Association. (a) The LaGrange Historical Site in Colbert County, owned by the Alabama Historical Commission, is transferred to the LaGrange Living Historical Association, a nonprofit corporation, which shall have full authority to develop, renovate, pre…

This division shall be known as and may be cited as the “Alabama Underwater Cultural Resources Act.” History: (Act 99-595, p. 1364, §1.)

As used in this division, the following terms shall have the following meanings: (1) COMMISSION. The Alabama Historical Commission, acting as the custodian of cultural resources for the State of Alabama. (2) CONTRACTOR. Any individual, company, corporation, or private or public i…

(a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of Alabama. (b) Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior…

(a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission may appoint an advisory committee to assist the commission in the development and implementation of …

(a) Any qualified individual, company, corporation, or public institution desiring to conduct any type of exploration or excavation of cultural resources shall first make application to the commission for a permit or contract to conduct the operation. If the commission finds that…

The commission may restrict, when necessary, as determined in writing in the sole discretion of the Commissioner of Conservation and Natural Resources, the activities of commercial fishing vessels in or around known underwater cultural resources when the likelihood of damage to o…

(a) Any funds received by the commission under the terms and conditions of permits or contracts made pursuant to this division shall be placed in funds maintained in the State Treasury. (b) The commission shall, pursuant to its rulemaking power, provide a procedure for the sale a…

(a) A person commits the crime of theft or disturbance of a cultural resource protected by the commission if the person does either of the following: (1) Intentionally and knowingly removes, alters, disturbs, or destroys any cultural resource without the prior written authorizati…

In all cases of arrest and conviction under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared to be contraband and shall be seized and brought before the court having jurisdiction of the offense for proper dis…

All law enforcement agencies and officers, state and local, shall assist the commission in the enforcement of this division. History: (Act 99-595, p. 1364, §10.)

(a) Notwithstanding any other provisions of this division to the contrary, no contract with or permit from or fee paid to the commission shall be required for activities performed pursuant to United States Army Corps of Engineers’ permits, including general permits. (b) Notwithst…

This division shall be construed in pari materia with Section 41-9-249.1. History: (Act 99-595, p. 1364, §13.)

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-165 EFFECTIVE MARCH 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1978, No. 545, p. 609, §1; Acts 1993, No. 93-643, p. 1103, §1.)

(a) There is hereby created the Tannehill Furnace and Foundry Commission to establish, operate and maintain as a state park or historic site the land and buildings in the County of Tuscaloosa where one of the state’s early ironworks, known as the Tannehill Furnace and Foundry, wa…