BILL ANALYSIS Ó
SB 159
Page 1
Date of Hearing: June 12, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 159 (Fuller) - As Introduced: February 1, 2013
SENATE VOTE : 33-0
SUBJECT : Public cemetery districts: Kern River Valley Cemetery
District.
SUMMARY : Allows the Kern River Valley Cemetery District to
inter nonresidents under specified conditions. Specifically,
this bill :
1)Extends to the Kern River Valley Cemetery District (District)
in Kern County, the authority already granted to the
Cottonwood Cemetery District (Shasta County), the Anderson
Cemetery District (Shasta County), and the Silveyville
Cemetery District (Solano County), to use its cemetery for up
to a total of 400 internments each, not to exceed 40
interments per calendar year, for the internment in the ground
or columbarium of any person who is not a resident or a
property taxpayer of the cemetery district, if the following
conditions are met:
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 the District.
EXISTING LAW :
1)States that a cemetery district shall limit interments to the
following:
a) Persons who are residents of the district;
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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)Allows the Cottonwood Cemetery District, the Anderson Cemetery
District County, and the Silveyville Cemetery District to use
their cemeteries for up to a total of 400 internments 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.
3)Authorizes the Oroville Cemetery District to use its cemetery
on Feather River Boulevard, for up to a total of 100
interments, for interment in the ground of any non-residents,
the Elsinore Valley Cemetery District to use a portion of its
cemetery for up to a total of 536 interments for nonresidents,
and the Davis Cemetery District to use its cemetery for up to
a total of 500 internments, for internment in the ground of
any nonresident, if all of the following apply:
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a) The board of trustees determines that the 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
prescribed by law.
FISCAL EFFECT : None
COMMENTS :
1)This bill extends, to the District, the authority currently
granted to the Anderson, Cottonwood, and Silveyville cemetery
districts. This bill allows the District to use its cemetery
to inter nonresidents for a total of 400 internments, up to 40
per calendar year, pursuant to the conditions established for
the authorization for the other three cemetery districts.
This bill is sponsored by the District.
The District was established in 1950 to provide cemetery
services to residents within its boundaries. In 2009, the
federal government opened the Bakersfield National Cemetery
approximately 40 miles from the District's cemetery that will
accommodate burials for roughly 200,000 veterans and their
families.
According to the author, "The struggle to maintain a constant
flow of business for many of these smaller cemeteries is
greatly impacted by nearby state and federal veterans
cemeteries, where any US veteran is allowed to be buried at no
cost and the veteran's spouse can also be buried at no, or
very minimal cost."
2)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.
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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.
3)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, 1982). When it
revised the Public Cemetery District Law, the Legislature
retained Oroville's special provision (SB 341, Senate Local
Government Committee, 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, 2010). 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, 2011).
Most recently the Legislature allowed the Anderson,
Cottonwood, and Silveyville cemetery districts to inter
nonresidents due to financial hardship caused by the openings
of nearby state and federal veterans' cemeteries. SB 1131 (La
Malfa), Chapter 65, Statutes of 2012, allows those 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.
4)The Cemetery and Mortuary Association of California, in
opposition, argues that this bill "creates an opportunity and
incentive for municipalities to engage in business practices
that compete with the private sector."
5)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 lower burial rates will be able to serve their
communities for current and future generations.
Opposition arguments : Opposition argues that there is a sound
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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.
REGISTERED SUPPORT / OPPOSITION :
Support
Kern River Valley Public Cemetery District
Opposition
Cemetery and Mortuary Association of California
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958