BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 966
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 966 (Yamada)
        As Amended  June 13, 2011
        Majority vote
         
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        |ASSEMBLY:  |78-0 |(May 19, 2011)  |SENATE: |33-0 |(July 1, 2011) |
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         Original Committee Reference:    L. GOV.  

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

         The Senate amendments  clarify that DCD can inter individuals who are 
        not residents or taxpayers of DCD using specified criteria. 

         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;

           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:







                                                                     AB 966
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           a)   The board of trustees determines that the cemetery has 
             adequate space for the foreseeable future;

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

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

        3)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.

        4)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.

         AS PASSED BY THE ASSEMBLY  , this bill:

        1)Authorized 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)Required 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.  








                                                                     AB 966
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         FISCAL EFFECT  :  None

         COMMENTS  :  According to the author, this bill would facilitate a 
        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 Bet 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 of 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.  

        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.  


         Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916) 319-3958 
        FN: 0001410