Hi Jack and Sue, You are both correct in that State Laws will take precedent, if there is a lack, absence or non-effective body of local governing laws. In the case of LaPorte County, I believe that the commissioners had addressed the Cemetery Preservation group that the state laws were to prevail; however, the main purpose of LP County Resolution 2002-02 (I believe that is the number given) is to help prevent further ignorance of the laws by local bodies of authority. The commission also emphasized the urgency of ensuring that local judges and law enforcement officials were up to date on current cemetery laws. What we found in one instance was that one deputy, although he had most of the Indiana Code on a database laptop for easy reference on the road, did not have IC14 at all on the database, which is one of the biggies for historic preservation and cemeteries in Indiana. Just as a note for all on the board, you might wish to contact your local judicial and law enforcement bodies. Make sure that they are up to date on any and all codes dealing with historic preservation and cemetery preservation. Send a nice and encouraging letter to local judges and sheriff's, along with a photocopy of IC14. Perhaps state (and I know that for some this has already been done a lot in your areas, but to those who haven't...read on) what your local preservation groups are doing in a positive light and that you just wish to make sure that everyone was on the same page when talking about cemetery preservation. With the construction of new sub-divisions and such, I think the extra 'push' would be appreciated. Russ Hapke LP Co. Hi Jack, Here in the "golden" state, we understand that State law is the basis for all laws in the state. A county may enact a more stringent law (ordinance), but it cannot enact a less stringent law. In cases where a Federal law is more stringent than state law in respect to the same offense, Federal prevails. In the event a county ordinance is challenged and found unconstitutional, reliance is on the next available statute, that usually being state law. Well, that's my addlepated view of it... Sue Silver ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Wednesday, March 06, 2002 1:22 PM Subject: Re: [INPCRP] LaPorte County vandalism ordinance(Opinion) > In a message dated 3/6/02 3:24:50 PM US Eastern Standard Time, > tielking@knightstown.net writes: > > > > ? Will House Act 1522 override the county ordinance? > > > > > > Angela, > No State or Fedral Law can have preference over a local Law if they cover the > same subject, AND the Local Law is constitutional and Stronger, then it takes > presedence over State and Federal Laws as long as they aren't in Direct > oppisition to each other. > A weaker Law has no preference, and a Stronger Law that covers a subject in > a slightly different way also must take a back seat to either of the other > two. Come on Legal Beagles, am I wrong?? > > Jack E. Briles Sr. > Po Box 444 > New Albany, Floyd Co. IN. > (812) 282-6585 > jb502000@aol.com >

In California we solved the problem of law enforcement officers not knowing the Health and Safety Codes re: vandalism and desecration and moved it into the Penal Code. That might be an avenue for you there. I know I spent hours talking to deputies all of this county and on the phone and still couldn't get them to understand that our Health and Safety Code was enforceable! It was really irritating..... Sue ----- Original Message ----- From: "Russ Hapke" <rhapke@adsnet.com> To: <INPCRP-L@rootsweb.com> Sent: Tuesday, March 05, 2002 4:45 PM Subject: Re: [INPCRP] LaPorte County vandalism ordinance(Opinion) > Hi Jack and Sue, > > You are both correct in that State Laws will take precedent, if there is a lack, absence or non-effective body of local governing laws. In the case of LaPorte County, I believe that the commissioners had addressed the Cemetery Preservation group that the state laws were to prevail; however, the main purpose of LP County Resolution 2002-02 (I believe that is the number given) is to help prevent further ignorance of the laws by local bodies of authority. The commission also emphasized the urgency of ensuring that local judges and law enforcement officials were up to date on current cemetery laws. > > What we found in one instance was that one deputy, although he had most of the Indiana Code on a database laptop for easy reference on the road, did not have IC14 at all on the database, which is one of the biggies for historic preservation and cemeteries in Indiana. > > Just as a note for all on the board, you might wish to contact your local judicial and law enforcement bodies. Make sure that they are up to date on any and all codes dealing with historic preservation and cemetery preservation. Send a nice and encouraging letter to local judges and sheriff's, along with a photocopy of IC14. Perhaps state (and I know that for some this has already been done a lot in your areas, but to those who haven't...read on) what your local preservation groups are doing in a positive light and that you just wish to make sure that everyone was on the same page when talking about cemetery preservation. With the construction of new sub-divisions and such, I think the extra 'push' would be appreciated. > > Russ Hapke > LP Co. > > > > Hi Jack, > > Here in the "golden" state, we understand that State law is the basis for > all laws in the state. A county may enact a more stringent law (ordinance), > but it cannot enact a less stringent law. In cases where a Federal law is > more stringent than state law in respect to the same offense, Federal > prevails. > > In the event a county ordinance is challenged and found unconstitutional, > reliance is on the next available statute, that usually being state law. > > Well, that's my addlepated view of it... > > Sue Silver > > ----- Original Message ----- > From: <Jb502000@aol.com> > To: <INPCRP-L@rootsweb.com> > Sent: Wednesday, March 06, 2002 1:22 PM > Subject: Re: [INPCRP] LaPorte County vandalism ordinance(Opinion) > > > > In a message dated 3/6/02 3:24:50 PM US Eastern Standard Time, > > tielking@knightstown.net writes: > > > > > > > ? Will House Act 1522 override the county ordinance? > > > > > > > > > > Angela, > > No State or Fedral Law can have preference over a local Law if they cover > the > > same subject, AND the Local Law is constitutional and Stronger, then it > takes > > presedence over State and Federal Laws as long as they aren't in Direct > > oppisition to each other. > > A weaker Law has no preference, and a Stronger Law that covers a subject > in > > a slightly different way also must take a back seat to either of the other > > two. Come on Legal Beagles, am I wrong?? > > > > Jack E. Briles Sr. > > Po Box 444 > > New Albany, Floyd Co. IN. > > (812) 282-6585 > > jb502000@aol.com > > > > > > ==== INPCRP Mailing List ==== > If you know of some good cemetery related links, send them to LoisMauk@usa.net. > >