BILL ANALYSIS
AB 1969
Page 1
ASSEMBLY THIRD READING
AB 1969 (Jeffries)
As Amended March 25, 2010
Majority vote
LOCAL GOVERNMENT 9-0
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|Ayes:|Smyth, Caballero, | | |
| |Arambula, Bradford, | | |
| |Davis, Knight, Logue, | | |
| |Solorio, Torlakson | | |
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SUMMARY : Allows the Elsinore Valley Cemetery District (EVCD) to
inter, in a specified section of the cemetery, nonresidents who
meet a limited set of criteria. Specifically, this bill :
1)Authorizes EVCD to use a portion of its cemetery formerly
known as Home of Peace for up to a total of 536 interments for
non-residents of EVCD who meet specified criteria.
2)Requires that before approving such interments the following
must occur:
a) The board of trustees for EVCD must determine that the
cemetery has adequate space for the foreseeable future;
b) EVCD has an endowment care fund that requires at least a
minimum payment as prescribed by law; and,
c) EVCD 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;
AB 1969
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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)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 : The Elsinore Valley Cemetery District reports that in
1995 they purchased a Jewish Cemetery that was adjacent to
EVCD's current properties. EVCD states that the Jewish Cemetery
property became available to them because there had been a
decline in population of the local Jewish community. EVCD
maintains this parcel as an area specifically for those
residents who are members of the Jewish community. EVCD 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 EVCD
AB 1969
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from being interred unless specific authorization has been
granted in statute. The Legislature has previously authorized
the Oroville Cemetery District to inter non-residents in a
specified cemetery in the Oroville Cemetery District.
EVCD currently has 20 acres of developed property that contains
7,800 burials with an estimated 5,000 plots still available.
Additionally, EVCD 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 EVCD.
Support arguments: Expanding on the scope of who EVCD can inter
will allow EVCD to provide a service to meet the unique needs of
their community and surrounding areas.
Opposition arguments: None at this time.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958
FN: 0003849