Senate BillNo. 1009

Introduced by Senator Nielsen

February 11, 2016

An act to add Section 9063.6 to the Health and Safety Code, relating to public cemeteries.

LEGISLATIVE COUNSEL’S DIGEST

SB 1009, as introduced, Nielsen. Public cemeteries: nonresidents.

Existing law, 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. Existing law limits interments in public cemetery district cemeteries to residents of the district and nonresidents who meet specified criteria.

This bill would authorize a district that serves at least one county with a population of fewer than 10,000 residents or that has a population not exceeding 20,000 and is contained in a nonmetropolitan area, to inter a person who is not a resident of the district in a cemetery owned by the district if specified criteria are met, including that the district requires the payment of a nonresident fee and the board of trustee determines that the cemetery has adequate space for the foreseeable future.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 9063.6 is added to the Health and Safety
2Code, to read:

3

9063.6.  

(a) Notwithstanding Section 9060 and subject to the
4limitations set forth in subdivision (b), a district that serves at least
P2    1one county that is located in a rural area, as defined in Section
250101, may inter a person who is not a resident of the district or
3who does not pay property taxes on property located in the district
4in a cemetery owned by the district, and who does not qualify for
5that interment pursuant to Section 9061, if all of the following
6apply:

7(1) The district requires the payment of a nonresident fee set
8pursuant to Section 9068.

9(2) The board of trustees determines that the cemetery has
10adequate space for the foreseeable future.

11(3) The district has an endowment care fund that requires at
12least the minimum payment set pursuant to Section 9065.

13(b) A district may inter up to a total of 400 nonresidents, not to
14exceed 40 each per calendar year.


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