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; AB 966 Page 2 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 AB 966 Page 3 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 AB 966 Page 4 Analysis Prepared by : Katie Kolitsos / L. GOV. / (916) 319-3958