HB108ENROLLED
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U9ECDD-2
By Representatives Givan, Treadaway, Moore (M), Rogers (N &
P)
RFD: Jefferson County Legislation
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to Jefferson County; to amend Section
45-37-30, Code of Alabama 1975, to further provide for the
funding of the Jefferson County Cemetery Board, and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-37-30, Code of Alabama 1975, is
amended to read as follows:
"ยง45-37-30
(a) For the purposes of this section, the following
terms shall have the following meanings:
(1) BOARD. The Jefferson County Cemetery Board.
(2) CEMETERY. Any for profit for-profit cemetery in the
county where property is used or intended to be used for the
interment of human remains, including, but not limited to, any
property containing a grave, lot, crypt, niche, or mausoleum
and any gravestone, headstone, or other marker therein.
(3) MAINTENANCE. The act of maintaining a cemetery,
including, but not limited to, the cutting and trimming of the
lawn, shrubs, and trees.
(4) NEGLECTED CEMETERY. A cemetery that has become
abandoned or neglected in any of the following ways:
a. Weeds, briars, bushes, or trees have become
overgrown.
b. Fences have become broken, decayed, or dilapidated.
c. Graves, lots, crypts, niches, mausoleums, and
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markers and roads, buildings, or other structures in the
cemetery have become damaged, broken, dilapidated, or
destroyed.
(b)(1) The Jefferson County Cemetery Board is created.
(2) The board shall consist of seven members.
(3)a. Four members of the board shall be appointed by
the members of the state House of Representatives representing
any part of the county, and three members shall be appointed
by the members of the state Senate representing any part of
the county. The members shall serve at the pleasure of the
appointing authority.
b. By May 15, 2021, the members of the state House of
Representatives representing any part of the county shall
appoint one of the members of the board to serve as chair. The
chair shall serve until March 1, 2023. On March 1, 2023, the
members of the state Senate representing any part of the
county shall appoint one of the members of the board to serve
as chair for a two-year term. Thereafter, the appointment of
the chair of the board for two-year terms shall alternate
between the House members and Senate members.
(4) a. The initial board members appointed in
accordance with subdivision (3) shall serve the following
terms:
1. Two members appointed by a member of the House of
Representatives and one member appointed by a member of the
Senate shall serve a two-year term.
2. One member appointed by a member of the House of
Representatives and one member appointed by a member of the
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Senate shall serve a three-year term.
3. One member appointed by a member of the House of
Representatives and one member appointed by a member of the
Senate shall serve a four-year term.
b. After the expiration of the initial term of office
of each board member, the term of office for all board members
shall be four years.
(5) The board shall meet quarterly and at such times as
the board by a majority of its members agree.
(6) The board may adopt necessary rules or procedures
to conduct its business.
(7) Members of the board shall serve without
compensation, but may be reimbursed for actual expenses
incurred while conducting the business of the board, according
to its rules or procedures.
(8) Board members shall serve on a volunteer basis,
except that they shall be reimbursed for actual expenses that
shall be verified and submitted to the Jefferson County
Commission.
(c) There shall be established within the Jefferson
County Budget Division, a Jefferson County Cemetery Account
funded by revenue from the pistol permits portion dedicated to
the Jefferson County delegation.
(d)(1) The board shall be responsible for all of the
following duties:
a. Supervising the clean up and maintenance of any
neglected cemetery under its authority.
b. Coordinating with the sheriff to provide inmate
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labor to perform the maintenance of any neglected cemetery.
c. Purchasing office equipment up to $500 five hundred
dollars ($500) and other necessary materials to perform the
functions of the board.
d. Any other business necessary to carry out the
purposes of this section.
(2) The board may only perform maintenance on a private
cemetery if the board finds after a hearing that the condition
of the cemetery is a public nuisance.
(3) The board may enforce all rules adopted pursuant to
this section and may institute any legal proceeding, including
the filing of a suit, as necessary to effect compliance with
this section.
(e)(1) Fifty thousand dollars ($50,000) shall be made
available to the board from the pistol permit fees collected
by the county and twenty-five thousand dollars ($25,000) from
the pistol permit fees for each year thereafter.
(2) No later than 30 days after the effective date of
this act adding this amendatory language, a one-time payment
of two hundred thousand dollars ($200,000) shall be made
available to the board from the pistol permit fees collected
by the county. This amount shall be in addition to any monies
made available to the board pursuant to subdivision (1).
(f) The county commission shall have no authority over
the board and the county commission shall have no
responsibility over a cemetery in the county, as defined by
this section, and no county funds shall be expended as a
result of the implications or implementation of this section.
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(g) Members of the board may not be subject to civil
liability arising from the conduct of the affairs of the board
except when the act or omission of the member of the board
amounts to willful or wanton misconduct, fraud, or negligence.
(h) This section shall only apply to cemeteries in
existence on May 26, 2017.
(i) A cemetery owned by a religious organization, as
defined by Section 45-37-150.01, or a private, family-owned
cemetery, is exempt from this section."
Section 2. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 06-Apr-23.
John Treadwell
Clerk
Senate 03-May-23 Passed
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