SB53 Alabama 2022 Session

Summary

Primary Sponsor

Gerald H. Allen Senator

Republican

Session

Regular Session 2022

Title

Crimes and offenses, crime of damaging public monuments, created

Description

Under existing law, an entity exercising control of public property on which an architecturally significant building, memorial building, memorial school, memorial street, or monument is located is subject to certain prohibitions against relocating, removing, altering, renaming, or otherwise disturbing the building, school, street, or monument.

This bill would provide criminal penalties against a person who mars, marks, defaces, or damages a monument located on public property, except as authorized or as otherwise provided by law.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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

Crimes and Offenses