LOCAL ORDINANCES ON FUNERAL DISTURBANCES

Senate Bill 1199 with House committee amendment

Sponsor:  Sen. Jud Gilbert, II                                                           

House Committee:  Veterans Affairs and Homeland Security

Senate Committee:  Senior Citizens and Veterans Affairs

Complete to 5-10-06

A SUMMARY OF SENATE BILL 1199 AS REPORTED BY HOUSE COMMITTEE

The bill would create a new act to do all of the following:

·                           Allow a local unit of government (a city, village, township, or county) to pass ordinances "necessary to protect and preserve the peace and respect toward those attending or conducting a funeral or memorial service."

·                           Allow the ordinance to require a permit to demonstrate at a funeral or memorial service.

·                           Allow the ordinance to prohibit certain conduct within 500 feet of a funeral, memorial service, viewing of a deceased person, funeral procession, or burial.

·                           Require a local unit to impose reasonable fines for violations of an ordinance.

An ordinance authorized under the bill could require a permit before a person could demonstrate on public property outside of a funeral home, church, synagogue, mosque, any place of worship, cemetery, or other location at which a funeral or memorial service was being held. The local unit could assess a reasonable fee for processing and granting a permit. An ordinance also could include other provisions the local unit considered necessary, including prohibiting any person from doing any of the following within 500 feet of a building or other location where a funeral, memorial service, or viewing of a deceased person was being conducted, or within 500 feet of a funeral procession or burial in the hour immediately before, or during, or in the two hours immediately after:

·                           Making loud and raucous noise and continuing to do so after being asked to stop.

·                           Making any statement or gesture that would make a reasonable person under the circumstances feel intimidated, threatened, or harassed.

·                           Engaging in any other conduct that the person knows or reasonably should know would disturb, disrupt, or adversely affect the funeral, service, viewing, procession, or burial.

HOUSE COMMITTEE ACTION: As passed by the Senate, the bill referred to a "church" only; the House Committee on Veterans Affairs and Homeland Security added, "synagogue, mosque, any place of worship."

FISCAL IMPACT:

The bill would not appear to have a significant fiscal impact.

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                   Fiscal Analyst:   Jim Stansell

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.