Alabama 2023 Regular Session

Alabama House Bill HB108 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	HB108INTRODUCED
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3		-	U9ECDD-2
	3	+	U9ECDD-1
4	4		By Representatives Givan, Treadaway, Moore (M), Rogers (N &
5	5		P)
6	6		RFD: Jefferson County Legislation
7	7		First Read: 07-Mar-23
8		-	2023 Regular Session
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15		-	7 HB108 EnrolledHB108 Enrolled
	13	+	6 U9ECDD-1 01/10/2023 THR (L) THR 2022-5193
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17		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
18	18		Relating to Jefferson County; to amend Section
19	19		45-37-30, Code of Alabama 1975, to further provide for the
20	20		funding of the Jefferson County Cemetery Board, and to make
21	21		nonsubstantive, technical revisions to update the existing
22	22		code language to current style.
23	23		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24	24		Section 1. Section 45-37-30, Code of Alabama 1975, is
25	25		amended to read as follows:
26	26		"§45-37-30
27	27		(a) For the purposes of this section, the following
28	28		terms shall have the following meanings:
29	29		(1) BOARD. The Jefferson County Cemetery Board.
30	30		(2) CEMETERY. Any for profit for-profit cemetery in the
31	31		county where property is used or intended to be used for the
32	32		interment of human remains, including, but not limited to, any
33	33		property containing a grave, lot, crypt, niche, or mausoleum
34	34		and any gravestone, headstone, or other marker therein.
35	35		(3) MAINTENANCE. The act of maintaining a cemetery,
36	36		including, but not limited to, the cutting and trimming of the
37	37		lawn, shrubs, and trees.
38		-	(4) NEGLECTED CEMETERY. A cemetery that has become
39		-	abandoned or neglected in any of the following ways:
40		-	a. Weeds, briars, bushes, or trees have become
41		-	overgrown.
42		-	b. Fences have become broken, decayed, or dilapidated.
43		-	c. Graves, lots, crypts, niches, mausoleums, and
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71		-	28 HB108 ~~EnrolledHB108 Enrolled~~
	65	+	28 HB108 INTRODUCEDHB108 INTRODUCED
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	67	+	(4) NEGLECTED CEMETERY. A cemetery that has become
	68	+	abandoned or neglected in any of the following ways:
	69	+	a. Weeds, briars, bushes, or trees have become
	70	+	overgrown.
	71	+	b. Fences have become broken, decayed, or dilapidated.
	72	+	c. Graves, lots, crypts, niches, mausoleums, and
73	73		markers and roads, buildings, or other structures in the
74	74		cemetery have become damaged, broken, dilapidated, or
75	75		destroyed.
76	76		(b)(1) The Jefferson County Cemetery Board is created.
77	77		(2) The board shall consist of seven members.
78	78		(3)a. Four members of the board shall be appointed by
79	79		the members of the state House of Representatives representing
80	80		any part of the county, and three members shall be appointed
81	81		by the members of the state Senate representing any part of
82	82		the county. The members shall serve at the pleasure of the
83	83		appointing authority.
84	84		b. By May 15, 2021, the members of the state House of
85	85		Representatives representing any part of the county shall
86	86		appoint one of the members of the board to serve as chair. The
87	87		chair shall serve until March 1, 2023. On March 1, 2023, the
88	88		members of the state Senate representing any part of the
89	89		county shall appoint one of the members of the board to serve
90	90		as chair for a two-year term. Thereafter, the appointment of
91	91		the chair of the board for two-year terms shall alternate
92	92		between the House members and Senate members.
93	93		(4) a. The initial board members appointed in
94	94		accordance with subdivision (3) shall serve the following
95		-	terms:
96		-	1. Two members appointed by a member of the House of
97		-	Representatives and one member appointed by a member of the
98		-	Senate shall serve a two-year term.
99		-	2. One member appointed by a member of the House of
100		-	Representatives and one member appointed by a member of the
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128		-	56 HB108 ~~EnrolledHB108 Enrolled~~
	122	+	56 HB108 INTRODUCEDHB108 INTRODUCED
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	124	+	terms:
	125	+	1. Two members appointed by a member of the House of
	126	+	Representatives and one member appointed by a member of the
	127	+	Senate shall serve a two-year term.
	128	+	2. One member appointed by a member of the House of
	129	+	Representatives and one member appointed by a member of the
130	130		Senate shall serve a three-year term.
131	131		3. One member appointed by a member of the House of
132	132		Representatives and one member appointed by a member of the
133	133		Senate shall serve a four-year term.
134	134		b. After the expiration of the initial term of office
135	135		of each board member, the term of office for all board members
136	136		shall be four years.
137	137		(5) The board shall meet quarterly and at such times as
138	138		the board by a majority of its members agree.
139	139		(6) The board may adopt necessary rules or procedures
140	140		to conduct its business.
141	141		(7) Members of the board shall serve without
142	142		compensation, but may be reimbursed for actual expenses
143	143		incurred while conducting the business of the board, according
144	144		to its rules or procedures.
145	145		(8) Board members shall serve on a volunteer basis,
146	146		except that they shall be reimbursed for actual expenses that
147	147		shall be verified and submitted to the Jefferson County
148	148		Commission.
149	149		(c) There shall be established within the Jefferson
150	150		County Budget Division, a Jefferson County Cemetery Account
151	151		funded by revenue from the pistol permits portion dedicated to
152		-	the Jefferson County delegation.
153		-	(d)(1) The board shall be responsible for all of the
154		-	following duties:
155		-	a. Supervising the clean up and maintenance of any
156		-	neglected cemetery under its authority.
157		-	b. Coordinating with the sheriff to provide inmate
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185		-	84 HB108 ~~EnrolledHB108 Enrolled~~
	179	+	84 HB108 INTRODUCEDHB108 INTRODUCED
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	181	+	the Jefferson County delegation.
	182	+	(d)(1) The board shall be responsible for all of the
	183	+	following duties:
	184	+	a. Supervising the clean up and maintenance of any
	185	+	neglected cemetery under its authority.
	186	+	b. Coordinating with the sheriff to provide inmate
187	187		labor to perform the maintenance of any neglected cemetery.
188	188		c. Purchasing office equipment up to $500 five hundred
189	189		dollars ($500) and other necessary materials to perform the
190	190		functions of the board.
191	191		d. Any other business necessary to carry out the
192	192		purposes of this section.
193	193		(2) The board may only perform maintenance on a private
194	194		cemetery if the board finds after a hearing that the condition
195	195		of the cemetery is a public nuisance.
196	196		(3) The board may enforce all rules adopted pursuant to
197	197		this section and may institute any legal proceeding, including
198	198		the filing of a suit, as necessary to effect compliance with
199	199		this section.
200	200		(e)(1) Fifty thousand dollars ($50,000) shall be made
201	201		available to the board from the pistol permit fees collected
202	202		by the county and twenty-five thousand dollars ($25,000) from
203	203		the pistol permit fees for each year thereafter.
204	204		(2) No later than 30 days after the effective date of
205	205		this act adding this amendatory language, a one-time payment
206	206		of two hundred thousand dollars ($200,000) shall be made
207	207		available to the board from the pistol permit fees collected
208	208		by the county. This amount shall be in addition to any monies
209		-	made available to the board pursuant to subdivision (1).
210		-	(f) The county commission shall have no authority over
211		-	the board and the county commission shall have no
212		-	responsibility over a cemetery in the county, as defined by
213		-	this section, and no county funds shall be expended as a
214		-	result of the implications or implementation of this section.
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242		-	112 HB108 ~~EnrolledHB108 Enrolled~~
	236	+	112 HB108 INTRODUCEDHB108 INTRODUCED
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	238	+	made available to the board pursuant to subdivision (1).
	239	+	(f) The county commission shall have no authority over
	240	+	the board and the county commission shall have no
	241	+	responsibility over a cemetery in the county, as defined by
	242	+	this section, and no county funds shall be expended as a
	243	+	result of the implications or implementation of this section.
244	244		(g) Members of the board may not be subject to civil
245	245		liability arising from the conduct of the affairs of the board
246	246		except when the act or omission of the member of the board
247	247		amounts to willful or wanton misconduct, fraud, or negligence.
248	248		(h) This section shall only apply to cemeteries in
249	249		existence on May 26, 2017.
250	250		(i) A cemetery owned by a religious organization, as
251	251		defined by Section 45-37-150.01, or a private, family-owned
252	252		cemetery, is exempt from this section."
253	253		Section 2. This act shall become effective immediately
254	254		following its passage and approval by the Governor, or its
255	255		otherwise becoming law.
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269		-	________________________________________________
270		-	Speaker of the House of Representatives
271		-	________________________________________________
272		-	President and Presiding Officer of the Senate
273		-	House of Representatives
274		-	I hereby certify that the within Act originated in and
275		-	was passed by the House 06-Apr-23.
276		-	John Treadwell
277		-	Clerk
278		-	Senate 03-May-23 Passed
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