BILL ANALYSIS
AB 1969
Page 1
Date of Hearing: April 7, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1969 (Jeffries) - As Amended: March 25, 2010
SUBJECT : Elsinore Valley Cemetery.
SUMMARY : Allows the Elsinore Valley Cemetery District
(District) to inter, in a specified section of the cemetery,
nonresidents who meet a limited set of criteria. Specifically,
this bill :
1)Authorizes the District to use a portion of its cemetery
formerly known as Home of Peace for up to a total of 536
interments for non-District residents who meet specified
criteria.
2)Requires that before approving such interments the following
must occur:
a) The board of trustees for the District must determine
that the cemetery has adequate space for the foreseeable
future;
b) The District has an endowment care fund that requires at
least a minimum payment as prescribed by law; and,
c) The District requires the payment of a non-resident fee
as prescribed by law.
EXISTING LAW :
1)States that a cemetery district (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;
AB 1969
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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)Authorizes the Oroville Cemetery District to use its cemetery
on Feather River Boulevard, north of Oro Dam Boulevard for up
to a total of 100 interments, for interment in the ground of
any person who is not a resident of the Oroville Cemetery
District, if all of the following apply:
a) The board of trustees determines that the cemetery has
adequate space for the foreseeable future;
a) The Oroville Cemetery District has an endowment care
fund that requires at least the minimum payment prescribed
by law; and,
b) The Oroville Cemetery District requires the payment of a
nonresident fee prescribed by law.
FISCAL EFFECT : None
COMMENTS :
1)The District reports that in 1995 they purchased a Jewish
Cemetery that was adjacent to the District's current
properties. The District states that the Jewish Cemetery
property became available to them because there had been a
decline in population of the local Jewish community. The
District maintains this parcel as an area specifically for
those residents who are members of the Jewish community. The
District has been requested by a Rabbi and others to utilize
this area for non-resident burials. The non-resident
restrictions within the Health and Safety Code currently
prohibit non-residents of the District from being interned
unless specific authorization has been granted in statute.
The Legislature has previously authorized the Oroville
AB 1969
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Cemetery District to inter non-residents in a specified
cemetery in the Oroville Cemetery District.
2)The District currently has 20 acres of developed property that
contains 7,800 burials with an estimated 5,000 plots still
available. Additionally, the District has approximately six
undeveloped acres. Within the Jewish section of the cemetery
there are 536 plots still available which, if utilized, will
provide a service to neighboring Jewish communities and
additional revenue for the District.
3)Support Arguments : Expanding on the scope of who the District
can inter will allow the District to provide a service to meet
the unique needs of their community and surrounding areas.
4)Opposition Arguments : None at this time.
REGISTERED SUPPORT / OPPOSITION :
Support
Elsinore Valley Cemetery District [SPONSOR]
Evans Brown Mortuary
Jewish Men's Club of the Valleys
Temple Beth Sholom
Temple Lake Shalom
Individual letters (3)
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958