BILL ANALYSIS �
SB 159
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SENATE THIRD READING
SB 159 (Fuller)
As Introduced February 1, 2013
Majority vote
SENATE VOTE :33-0
LOCAL GOVERNMENT 9-0
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|Ayes:|Achadjian, Levine, Alejo, | | |
| |Bradford, Gordon, | | |
| |Melendez, Mullin, Rendon, | | |
| |Waldron | | |
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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 interments each, not to exceed 40 interments
per calendar year, for the interment 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.
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EXISTING LAW :
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)Allows the Cottonwood Cemetery District, the Anderson Cemetery
District, and the Silveyville Cemetery District 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.
FISCAL EFFECT : None
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COMMENTS : 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 interments, 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."
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
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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). 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).
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.
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
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 : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958
FN: 0001149
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