HB194 Alabama 2021 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Co-Sponsors

Louise AlexanderDanny GarrettMary Moore

Session

Regular Session 2021

Title

Jefferson Co., Birmingham Cemetery Bd., appointment of chair further provided for, Sec. 45-37-30 am'd.

Summary

HB194 creates a Jefferson County Cemetery Board to oversee neglected cemeteries, sets chair-appointment rules, and provides funding and enforcement powers for cemetery upkeep.

What This Bill Does

The bill establishes a seven-member Jefferson County Cemetery Board appointed by House and Senate members, with the House majority appointing four members and the Senate three, and the local delegation appointing one member to serve as chair. The chair initially is appointed by House members and serves until March 1, 2023; starting March 1, 2023, Senate members appoint the chair for a two-year term, with chair appointments alternating between House and Senate thereafter. The board’s duties include supervising cleanup and maintenance of neglected cemeteries, coordinating with the sheriff to use inmate labor, purchasing equipment up to $500, and enforcing board rules, including legal action if needed; it can maintain private cemeteries only if the condition is found to be a public nuisance after a hearing. The act creates a Jefferson County Cemetery Account funded by pistol permit fees ($50,000 initially, then $25,000 per year) and states the county commission has no authority over the board or county cemetery funds. Exemptions include religious and private family cemeteries, and the act applies only to cemeteries existing as of May 26, 2017.

Who It Affects

• Residents and cemetery owners in Jefferson County who will benefit from maintained cemeteries and oversight, and who may see enforcement actions or nuisance declarations as needed.
• House and Senate members representing Jefferson County who appoint board members and determine chair leadership and term structure.

Key Provisions

• Creates the Jefferson County Cemetery Board with seven members (four appointed by House members, three by Senate members) and a chair chosen by the local legislative delegation.
• Initial chair appointed by House members; from March 1, 2023, Senate members appoint the chair for a two-year term, with future two-year terms alternating between House and Senate.
• Initial terms: two members for 2 years, two for 3 years, and two for 4 years; after initial terms, all members serve 4-year terms.
• Duties include supervising maintenance of neglected cemeteries, coordinating inmate labor with the sheriff, purchasing equipment up to $500, and enforcing board rules.
• Board may maintain private cemeteries only if the cemetery is found to be a public nuisance after a hearing; board may sue to ensure compliance.
• Funding: $50,000 from pistol permit fees initially, $25,000 annually thereafter; county commission has no authority over the board or county cemeteries, and no county funds are used for this section.
• Exempts religious or private family cemeteries from the provisions of this act; applies to cemeteries existing as of May 26, 2017.
• Board members serve without compensation but may be reimbursed for actual expenses; meetings quarterly.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Jefferson County