BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1658|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 1658
          Author:   Bigelow (R), et al.
          Introduced:1/13/16  
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 6/15/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           ASSEMBLY FLOOR:  78-0, 5/12/16 - See last page for vote

           SUBJECT:   Happy Homestead Cemetery District:  nonresident  
                     burial


          SOURCE:    Author


          DIGEST:  This bill allows the Happy Homestead Cemetery District  
          to inter nonresidents from specified communities in Nevada.


          ANALYSIS:  Existing law generally allows cemetery districts to  
          bury only residents, former residents, property taxpayers,  
          former taxpayers, certain eligible nonresidents, and their  
          family members.

          This bill allows the Happy Homestead Cemetery District to inter  
          nonresidents from specified communities in Nevada.   
          Specifically, this bill allows the District to inter  
          nonresidents of the District who are residents of the Nevada  
          communities of Glenbrook, Cave Rock, Skyland, Zephyr Cove, Round  
          Hill, Elk Point, Kingsbury, and Stateline, if all of the  








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          following conditions apply:  

          1)The board of trustees determines that the District's cemetery  
            has adequate space for the foreseeable future;  


          2)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,  


          3)The District requires the payment of a nonresident fee set  
            pursuant to existing law.  




          Background


          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 district's board of trustees, composed of three to five  
          registered voters from within the districts' boundaries.   
          Cemetery districts finance their operations with small shares of  
          local property tax revenues, by selling interment rights, and by  
          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).  In 2011, 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).  


          In 2012, to help the Anderson, Cottonwood, and Silveyville  
          cemetery districts overcome the ongoing loss of business to  
          nearby veteran's cemeteries, the Legislature allowed them an  
          exemption from the state law restricting non-resident burials  
          (SB 1131, La Malfa, Chapter 65, Statutes of 2012).  Subsequent  
          legislation added the Kern River Valley Cemetery District (SB  
          159, Fuller, Chapter 55,  Statutes of 2013) and the Halcumb  
          Cemetery District (SB 1291, Nielsen, Chapter 276, Statutes of  
          2014) to the list of districts that are exempted from the state  
          law restricting non-resident burials.  These five districts can  
          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, if all of the  
          following apply:


           The board of trustees determines that the district's cemetery  
            has adequate space for the foreseeable future;


           The cemetery 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,


           The cemetery district requires the payment of a nonresident  
            fee set, pursuant to existing law. 


          The Happy Homestead Cemetery District was formed in 1952 by the  
          El Dorado County Board of Supervisors.  According to the El  







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          Dorado County Local Agency Formation Commission, the District  
          serves an approximately 212 square mile area within the South  
          Lake Tahoe region, which was home to an estimated 30,500  
          resident as of 2007.  The District operates an approximately 10  
          acre cemetery in South Lake Tahoe and is the only known cemetery  
          service provider, public or private, in the El Dorado County  
          portion of the Tahoe Basin.  Some officials want the Legislature  
          to grant the District an exemption from the state law  
          restricting non-resident burials that is similar to exemptions  
          that state law grants to several other cemetery districts.


          Comments


          1)Purpose of the bill.  The Happy Homestead Cemetery District  
            operates the only cemetery in the South Lake Tahoe Region.   
            However, despite the fact that Nevada communities on the east  
            shore of Lake Tahoe, from Glenbook down to Stateline, are a  
            part of the contiguous social and economic community of South  
            Lake Tahoe, California state law prevents the District from  
            providing cemetery services to individuals who live outside of  
            the District's boundaries.  By allowing the District to inter  
            non-residents who are from specific nearby Nevada communities  
            just across the state border, AB 1658 promotes a cohesive  
            social and economic community in South Lake Tahoe.  By  
            requiring the payment of a non-resident premium, this bill  
            will also strengthen the District's fiscal condition.


          2)Precedent and limits.  The Happy Homestead Cemetery District  
            is only the most recent of numerous public cemetery districts  
            that have asked to be exempted statutory limits on  
            non-resident interments.  Changing state law to help the Happy  
            Homestead Cemetery District will likely invite similar  
            proposals from other public cemetery districts.  Advocates for  
            private-sector providers of cemetery services worry that  
            continued expansion of state law to allow non-resident  
            interment, as proposed by AB 1658, creates an opportunity and  
            incentive for public agencies to engage in business practices  
            that compete with the private sector.  AB 1658 lays the  
            groundwork for incrementally exempting many more public  
            cemetery districts from the statutory restrictions on  
            nonresident interment. 







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          3)Rethinking nonresident interment.  Many public cemetery  
            districts are struggling financially.  The loss of business to  
            veterans' cemeteries is one of many factors that contribute to  
            these districts' fiscal plight.  Districts have lost property  
            tax revenues both because of decreases in the assessed value  
            of real property and the Educational Revenue Augmentation Fund  
            shifts, which reallocated some districts' property taxes to  
            benefit schools.  Cemetery districts' revenues also have been  
            reduced by a shift in funeral practices.  Cremation, which is  
            less expensive than burial, is becoming more common.  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.  As an alternative to  
            exempting cemetery districts one at a time legislators may  
            wish to more broadly reconsider the statutory prohibition  
            against public cemeteries' interring nonresidents.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/16/16)


          California Special Districts Association
          El Dorado County Supervisor Sue Novasel
          Happy Homestead Cemetery District
          Public Cemetery Alliance
          Tahoe Chamber of Commerce


          OPPOSITION:   (Verified6/16/16)


          Cemetery and Mortuary Association of California


          ARGUMENTS IN SUPPORT:     This bill's supporters argue that, by  
          allowing the District to inter non-residents who are from  
          specific nearby Nevada communities just across the state border,  







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          this bill promotes a cohesive social and economic community in  
          South Lake Tahoe.  They also argue that, by requiring the  
          payment of a non-resident premium, this bill will also  
          strengthen the District's fiscal condition.


          ARGUMENTS IN OPPOSITION:     This bill's opponent argues that  
          continued expansion of state law to allow non-resident interment  
          creates an opportunity and incentive for public agencies to  
          engage in business practices that compete with the private  
          sector.  They worry that this bill lays the groundwork for  
          incrementally exempting many more public cemetery districts from  
          the statutory restrictions on nonresident interment.

          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer

          Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
          6/17/16 15:03:49


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