Alabama has a law against taking down monuments that were erected on public land more than 40 years ago, but does that apply to the NASA Saturn 1B rocket that has stood for about 44 years at the Alabama welcome center on I-65 near the Tennessee line?

One of the sponsors of the monument law thinks it might.

The Alabama Memorial Preservation Act, passed in 2017 in response to Confederate monuments being taken down across the country, made it illegal to take down any monuments that have been up more than 40 years. Although legislators had Confederate monuments and civil rights era monuments in mind for protection, it’s broader than that, said State Rep. Mack Butler, R-Rainbow City, who sponsored that legislation in the House of Representatives.

“The fact it’s been there over 40 years makes me think it may be a little more problematic,” to take down the rocket, Butler said in an interview this week with AL.com. “It sounds like it possibly does apply.”

The law prohibits the relocation, removal, alteration, renaming, or other disturbance of any monument located on public property which has been in place for 40 years or more.

Butler said he and former state Sen. Phil Williams discussed the possibility the law applies to the rocket on Williams’ syndicated talk radio show last week. Butler said he plans to research the issue further.

The penalty for removing such a monument is a fine of $25,000. The City of Birmingham removed a Confederate memorial obelisk from Linn Park in 2020, and paid a one-time fine of $25,000.

NASA owns the rocket, which has been on loan to the U.S. Space and Rocket Center since 1979 for use at the state-owned welcome center, so it’s not clear who would be liable for the fine.

“According to the law, they are supposed to pay $25,000,” Butler said. “It would be somewhat comical if the state had to pay it to themselves.”

The office of the state attorney general declined to comment.

NASA’s Marshall Space Flight Center in Huntsville released a statement last week saying it supports the removal of the Saturn 1B rocket from the Alabama welcome center.

The rocket has deteriorated so badly that it cannot be restored, the statement said.

“This rocket was not built to withstand more than 40 years of continuous exposure to the elements of nature,” the statement said. “The support structure has deteriorated over the years, the damage is too significant to repair, and could potentially pose a structural safety issue if left in place.”

In an interview published earlier this month, Alabama tourism director Lee Sentell said the welcome center had already been closed and is under renovation. He said he hopes that Marshall Space Flight Center and the U.S. Space & Rocket Center can come up with a new, more modern monument to Huntsville’s role in the space program.

People love the rocket that’s there, Butler said.

“All I know is when I ride by there, I love seeing that thing,” he said. “It’s so cool.”

Another rocket would be an acceptable replacement, but anything less would be a disappointment, he said.

“It’s like a precedent’s been set,” Butler said. “We need something there. To me, a rocket is just great.”

Cost estimates to disassemble and reconstruct the Saturn 1B exceed $7 million with no guarantees the rocket would withstand the process, the rocket center said.

Butler said the private sector could raise money towards restoration of the rocket or a new monument like it.

“If money is an issue, we the people could raise that money, if people are as passionate as I think,” Butler said. “I wouldn’t think it would be any problem to raise the money for it.”

The Marshall Space Flight Center’s statement said: “In partnership with the state of Alabama and the U.S. Space & Rocket Center, we are supporting the safe removal of the Saturn 1B rocket and looking toward what may take its place in the future.”

Kimberly Robinson, CEO and executive director of the Space and Rocket Center, said the outpouring of love for the rocket was appreciated.

“We are inspired by the community’s passion for the rocket and the accomplishments it represents,” Robinson said. “Whether the rocket is replaced by a replica of the Saturn 1B or another rocket, we’re excited at the possibility for a new enduring emblem of Alabama’s leadership in space exploration.”

State Rep. Andy Whitt, R-Ardmore, chair of the House Committee on Economic Development and Tourism, met with NASA officials Friday and said he looked forward to ideas for a replacement to the rocket, after he initially opposed taking it down. “This is an opportunity to create a landmark that will withstand the test of time and serve as a symbol of Alabama’s past and current role in space and technology,” Whitt said.

See also: Iconic rocket at Alabama rest stop to be taken down, NASA says

NASA Marshall Space Flight Center supports removing rest stop rocket

NASA rest stop rocket decays: ‘It’s time for it to go,’ tourism director says