BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 966
                                                                  Page  1

          Date of Hearing:  May 11, 2011

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                      AB 966 (Yamada) - As Amended:  May 9, 2011
                                           
          SUBJECT  :  Public cemetery districts: nonresident burial. 

           SUMMARY  :  Allows the Davis Cemetery District (DCD) to inter, in 
          a specified section of the cemetery, nonresidents who meet a 
          limited set of criteria.  Specifically,  this bill  :

          1)Authorizes DCD to use its cemetery at 820 Pole Line Road in 
            Davis for up to a total of 500 interments for non-residents of 
            DCD who meet specified criteria.

          2)Requires that before approving such interments the following 
            must occur:

             a)   The board of trustees for DCD must determine that the 
               cemetery has adequate space for the foreseeable future;

             b)   DCD has an endowment care fund that requires at least a 
               minimum payment as prescribed by law; and,

             c)   DCD requires the payment of a non-resident fee as 
               prescribed by law.  

           EXISTING LAW  :

          1)States that a cemetery district (district) shall limit 
            interments to the following:

             a)   Persons who are residents of the district;

             b)   Persons who are former residents of the district and who 
               acquired interment rights while they were residents of the 
               district;

             c)   Persons who pay property taxes on property located in 
               the district;

             d)   Persons who formerly paid property taxes on property 
               located in the district and who acquired interment rights 
               while they paid those property taxes;








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             e)   Eligible nonresidents of the district, as provided; or,

             f)   Persons who are family members of any person described 
               in this section.

          2)Authorizes the Oroville Cemetery District to use its cemetery 
            on Feather River Boulevard, north of Oro Dam Boulevard for up 
            to a total of 100 interments, for interment in the ground of 
            any person who is not a resident of the Oroville Cemetery 
            District, if all of the following apply:

             a)   The board of trustees determines that the cemetery has 
               adequate space for the foreseeable future;

             a)   The Oroville Cemetery District has an endowment care 
               fund that requires at least the minimum payment prescribed 
               by law; and,


             b)   The Oroville Cemetery District requires the payment of a 
               nonresident fee prescribed by law.

          1)Authorizes Elsinore Valley Cemetery District (EVCD)  to use a 
            portion of its cemetery formerly known as Home of Peace for up 
            to a total of 536 interments for non-residents of EVCD who 
            meet specified criteria.

          2)Requires that before approving such interments the following 
            must occur: 

             a)   The board of trustees for EVCD must determine that the 
               cemetery has adequate space for the foreseeable future;

             b)   EVCD has an endowment care fund that requires at least a 
               minimum payment as prescribed by law; and,

             c)   EVCD requires the payment of a non-resident fee as 
               prescribed by law.

           FISCAL EFFECT  :   None

           COMMENTS  :   

          1)According to the author's office AB 966 would facilitate a 








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            group purchase of plots to supplement an existing Congregation 
            Bet Haverim group of plots in the Davis Cemetery District.  
            The de facto Jewish section of the Davis Cemetery is almost 
            full and the congregation is purchasing a second group of 
            plots.  However, not all congregants will be able to 
            participate in the group purchase because according to state 
            law, they are not eligible nonresidents of the district. 

            Congregation Beth Haverim is the only synagogue in Yolo 
            County, thus membership includes several families that live 
            outside the Davis Cemetery District.  However, they have 
            connections to the City of Davis beyond synagogue membership, 
            including work, children attending Davis schools, and 
            community service.

            The Congregation Bet Haverim does not have the need to 
            purchase a group of plots in the Woodland City Cemetery or the 
            privately owned Monument Hill Cemetery, near Woodland, because 
            not enough Congregation Bet Haverim families live in the areas 
            these cemeteries to justify a group purchase. In addition, the 
            Davis Cemetery board of trustees has determined that Davis 
            cemetery has a 300-year supply of plots.  

          2)Support arguments:  Expanding on the scope of who DCD can 
            inter will allow DCD to provide a service to meet the unique 
            needs of their community and surrounding areas.

            Opposition arguments:  None at this time.  




           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Davis Cemetery District ÝSPONSOR]
          Community Relations Council, Jewish Federation of Silicon Valley
          Congregation Bet Haverim
          Jewish Community Relations Council
          Individual letters (20)

           Opposition 
           
          None on file








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          Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916) 
          319-3958