BILL NUMBER: AB 966	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2011

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 18, 2011

   An act to  amend Section 9061 of   add
Section 9063.7 to  the Health and Safety Code, relating to
cemetery districts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 966, as amended, Yamada. Public cemetery districts: nonresident
burial.
   The Public Cemetery District Law specifies the procedures for the
formation of public cemetery districts, procedures for the selection
of the district board of trustees and officers, and the powers and
duties of the board. That law limits interments in public cemetery
district cemeteries to residents of the district and nonresidents who
meet specified criteria. 
   This bill would allow a public cemetery district to expand the
definition of an eligible nonresident to include a person who has a
significant and ongoing involvement with institutions within the
district, as specified.  
   This bill would allow the Davis Cemetery District to inter, in a
specified section of the cemetery, nonresidents if specified
conditions are met. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for Davis Cemetery District. 

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 9063.7 is added to the 
 Health and Safety Code   , to read:  
   9063.7.  Notwithstanding Section 9060, the Davis Cemetery District
may use its cemetery at 820 Pole Line Road, Davis, for up to a total
of 500 interments, for interment in the ground of any person who
meets the criteria for burial in that area but is not a resident of
the district if all of the following apply:
   (a) The board of trustees determines that the cemetery has
adequate space for the foreseeable future.
   (b) The district has an endowment care fund that requires at least
the minimum payment set pursuant to Section 9065.
   (c) The district requires the payment of a nonresident fee set
pursuant to Section 9068. 
   SEC. 3.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique disparity between the
population of the Davis Cemetery District and the availability of
cemetery plots.  
  SECTION 1.    Section 9061 of the Health and
Safety Code is amended to read:
   9061.  (a) A district may inter a person who is not a resident of
the district or a person who does not pay property taxes on property
located in the district in a cemetery owned by the district if all of
the following apply:
   (1) The district has an endowment care fund that requires at least
the minimum payment set pursuant to Section 9065.
   (2) The district requires the payment of a nonresident fee set
pursuant to Section 9068. A board of trustees may adopt a written
policy that permits waiving the payment of the nonresident fee for a
nonresident who had purchased an interment right while a resident or
a taxpayer.
   (3) The person meets the conditions listed in one or more of
subdivisions (b) through (e).
   (b) A person is an eligible nonresident pursuant to paragraph (5)
of subdivision (b) of Section 9060 if the person is a family member
of a person who is already interred in a cemetery owned by the
district or is a family member of a person who has acquired interment
rights in a cemetery owned by a district.
   (c) A person is an eligible nonresident pursuant to paragraph (5)
of subdivision (b) of Section 9060 if all of the following apply:
   (1) The person was a resident of the district or paid property
taxes on property located in the district for continuous period of at
least five years, a portion of which time period shall have occurred
within the 10 years immediately before the person's death.
   (2) The district receives a written request for the interment of
the person from a person who is a resident of the district or who
pays property taxes on property located within the district, and the
person submitting the written request is not a trustee, officer, or
employee of the district and is not a funeral director or an employee
of a funeral director.
   (3) The board of trustees determines that the cemetery has
adequate space for the foreseeable future.
   (d) A person is an eligible nonresident pursuant to paragraph (5)
of subdivision (b) of Section 9060 if all of the following apply:
   (1) The person was a resident of this state at the time of death.
   (2) There is no private cemetery within a straight-line radius of
15 miles of the person's residence.
   (3) There is no private cemetery nearer to the person's residence
than the nearest cemetery owned by the district.
   (4) The distances shall be measured in a straight line from the
person's residence to the nearest private cemetery and the nearest
cemetery owned by the district.
   (e) A person is an eligible nonresident pursuant to paragraph (5)
of subdivision (b) of Section 9060 if all of the following apply:
   (1) The person died while either:
   (A) Serving in the Armed Forces or the active militia, or
   (B) In the line of duty as a peace officer or firefighter.
   (2) The board of trustees determines that the cemetery has
adequate space for the foreseeable future.
   (f) A public cemetery district may consider a person to be an
eligible nonresident pursuant to paragraph (5) of subdivision (b) if
both of the following apply:
   (1) The person has a significant and ongoing involvement with
institutions within the district, including, but not limited to,
teaching in the schools, working for a city or county or city and
county in the district, or belonging to a house of worship in the
district.
   (2) The board of trustees determines that the cemetery has
adequate space for the foreseeable future.