BILL ANALYSIS Ó
SB 1131
Page 1
SENATE THIRD READING
SB 1131 (La Malfa)
As Amended May 8, 2012
Majority vote
SENATE VOTE :37-0
LOCAL GOVERNMENT 9-0
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|Ayes:|Smyth, Alejo, Bradford, | | |
| |Campos, Davis, Gordon, | | |
| |Hueso, Knight, Norby | | |
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SUMMARY : Allows the Anderson Cemetery District, Cottonwood Cemetery
District, and Silveyville Cemetery District to inter nonresidents
under specified conditions. Specifically, this bill :
1)Allows the Cottonwood Cemetery District in Shasta County, the
Anderson Cemetery District in Shasta County, and the Silveyville
Cemetery District in Solano County to use their cemeteries for up
to a total of 400 interments each, not to exceed 40 interments
each per calendar year, for interment in the ground or a
columbarium of any person who is not a resident or a property
taxpayer of any cemetery district, and who does not qualify for
that interment pursuant to existing law, if all of the following
apply:
a) The board of trustees determines that the district's
cemetery has adequate space for the foreseeable future;
b) The district has an endowment care fund that requires a
contribution for every interment of at least the minimum amount
set pursuant to existing law; and,
c) The district requires the payment of a nonresident fee set
pursuant to existing law.
2)Finds and declares that a special law is necessary because of the
unique circumstances pertaining to these specific cemetery
districts.
EXISTING LAW :
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1)States that a cemetery 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:
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 nonresidents of EVCD who meet
specified criteria.
4)Requires that before approving such interments the following must
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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 nonresident fee as prescribed
by law.
FISCAL EFFECT : None
COMMENTS : California's 253 public cemetery districts are separate
local governments that operate cemeteries and provide interment
services, mostly in rural areas and suburbs that were formerly rural
communities. County boards of supervisors appoint the cemetery
districts' boards of trustees, composed of three to five registered
voters from within the districts' boundaries. The districts finance
their operations with small shares of local property tax revenues,
by selling interment rights and charging for services.
State law limits who may be buried in a district cemetery.
Generally, cemetery districts can bury only residents, former
residents, property taxpayers, former taxpayers, certain eligible
nonresidents, and their family members.
Responding to an Attorney General's opinion, the Legislature allowed
the Oroville Cemetery District (Butte County) to inter up to 100
nonresidents in a former Jewish cemetery which the District had
acquired (SB 1906 (Johnson), Chapter 1039, Statutes of 1982). When
it revised the Public Cemetery District Law, the Legislature
retained Oroville's special provision (SB 341 (Senate Local
Government Committee), Chapter 57, Statutes of 2003). The
Legislature allowed the Elsinore Valley Cemetery District (Riverside
County) to inter up to 536 nonresidents in a former Jewish cemetery,
under specified conditions (AB 1969 (Jeffries), Chapter 40, Statutes
of 2010). Last year, to facilitate a group purchase of cemetery
plots by members of the Congregation Bet Haverim Synagogue, the
Legislature allowed the Davis Cemetery District to inter up to 500
nonresidents under specified conditions (AB 966 (Yamada), Chapter
111, Statutes of 2011).
The Anderson Cemetery District (Shasta County) and Cottonwood
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Cemetery District (Shasta County) were both established in 1943 to
provide cemetery services to residents in the cities of Anderson and
Cottonwood and in some unincorporated parts of Shasta County. In
2005, the state dedicated the Northern California Veterans Cemetery,
which is located less than 20 miles away from both the Anderson and
Cottonwood districts' cemeteries. During the most recent complete
fiscal year, the Northern California Veterans Cemetery performed 505
burials. After the veterans' cemetery opened nearby, annual
interments in the Anderson and Cottonwood districts' cemeteries
decreased, creating significant fiscal challenges for both
districts.
The Silveyville Cemetery District (Solano County) was established in
1927. It owns and operates three cemeteries: Dixon Cemetery,
Binghampton Cemetery, and Tremont Cemetery. In 2006, the federal
government opened the Sacramento Valley National Cemetery, which is
located less than 15 miles from each of the Silveyville District's
three cemeteries. Annual interments in the Silveyville District's
cemeteries decreased after the veterans' cemetery opened.
This bill allows three cemetery districts to inter up to 40
nonresidents in each cemetery's district - up to a maximum of 400 -
provided that a nonresident fee is paid, the district's board of
trustees affirms that there is adequate space for the foreseeable
future, and the cemetery has an endowment care fund.
According to the author, the Anderson, Cottonwood, and Silveyville
cemetery districts have each experienced a significant struggle due
to the steadily rising cremation rate and the decline of casket
burials. With the openings of nearby state and federal veterans'
cemeteries, the districts' interment rates have dropped drastically.
This bill is sponsored by the Cottonwood Cemetery District.
The Cemetery and Mortuary Association of California and the
California Funeral Directors Association are opposed to this bill
because they believe that it "encourages municipalities to compete
with private companies for business in a manner that is both
unnecessary and unfair."
Support arguments: In light of the numerous fiscal challenges
facing public cemeteries, revenues from nonresident burials could
offer significant financial benefits to districts that are
struggling to continue providing cemetery services. Supporters
argue that this bill increases the likelihood that cemeteries with
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lower burial rates will be able to serve their communities for
current and future generations.
Opposition arguments: Opposition argues that there is a sound
public policy rationale for existing law and the statutory
restrictions because cemetery districts are intended to serve their
residents, and this bill creates an opportunity for municipalities
to engage in business practices that compete with the private
sector.
Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958
FN:
0004066