BILL NUMBER: SB 159 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Fuller
(Coauthor: Assembly Member Conway)
FEBRUARY 1, 2013
An act to amend Section 9063.9 of the Health and Safety Code,
relating to public cemetery districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 159, as introduced, Fuller. Public cemetery districts: Kern
River Valley Cemetery District.
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. Existing law also permits interments of
nonresidents in designated public cemetery districts, under certain
circumstances.
This bill would authorize the Kern River Valley Cemetery District
in Kern County to use their cemeteries for up to a total of 400
interments each, not to exceed 40 interments each per calendar year,
to inter nonresidents and nonproperty taxpayers, if specified
conditions are met.
This bill would make legislative findings and declarations as to
the necessity of a special statute for Kern County.
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 9063.9 of the Health and Safety Code is amended
to read:
9063.9. Notwithstanding Sections 9060 and 9061, the Cottonwood
Cemetery District in Shasta County, the Anderson Cemetery District in
Shasta County, the Kern River Valley Cemetery District in Kern
County, and the Silveyville Cemetery District in Solano County
may 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 Section 9061, 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 Sections 8738 and 9065.
(c) The district requires the payment of a nonresident fee set
pursuant to Section 9068.
SEC. 2. 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 circumstances pertaining to the Kern River
Valley Cemetery District.
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