SB71 Alabama 2010 Session

Summary

Primary Sponsor

Wendell Mitchell

Democrat

Session

Regular Session 2010

Title

Cemeteries and graveyards, desecration or defacement of property, types of property included in offense expanded, exemptions for cemetery operators, Sec. 13A-7-23.1 am'd.

Description

Under existing law, the desecration or defacement of certain memorials of a deceased person is a crime.

This bill would provide further for the type of memorial by including a burial mound or certain other burial structures and would provide an exemption for certain cemetery operators and others authorized to remove a memorial.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Cemeteries