BILL ANALYSIS                                                                                                                                                                                                    



                                        
                       SENATE LOCAL GOVERNMENT COMMITTEE
                            Senator Dave Cox, Chair


          BILL NO:  AB 1969                     HEARING:  6/9/10
          AUTHOR:  Jeffries                     FISCAL:  No
          VERSION:  3/25/10                     CONSULTANT:  Detwiler
          
                       ELSINORE VALLEY CEMETERY DISTRICT

                           Background and Existing Law  

          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,  
          1982).  When it revised the Public Cemetery District Law,  
          the Legislature retained Oroville's special provision (SB  
          341, Senate Local Government Committee, 2003).

          In 1995, the Elsinore Valley Cemetery District (Riverside  
          County) acquired a former Jewish cemetery called the Home  
          of Peace.  Although there is no other suitable cemetery in  
          the area, some Jewish families who live outside the  
          District, but want to bury their dead in the District's  
          cemetery, can't because of the limits on interring  
          nonresidents.  The District wants to allow limited  
          nonresident burials, like Oroville's special legislation.


                                   Proposed Law 

          Assembly Bill 1969 allows the Elsinore Cemetery District to  
          use the part of its cemetery formerly known as Home of  
          Peace for up to 536 interments of people who meet the  
          area's burial criteria, but are nonresidents, if:
                 The trustees determine that the cemetery has  
               adequate space for the foreseeable future.
                 The District has an endowment care fund that  
               charges at least the minimum required payments.
                 The District requires the statutory nonresident  
               fee.

          AB 1969 contains legislative findings to justify its  
          special provisions.




          AB 1969 -- 3/25/10 -- Page 2





                                     Comment  

           For years to come  .  Although statewide laws attempt to  
          embrace a wide variety local conditions and circumstances,  
          legislators can't anticipate every local need.  Responding  
          to a special request nearly 30 years ago, the Legislature  
          allowed the Oroville Cemetery District to bury  
          nonresidents, if three conditions existed.  Subject to the  
          same conditions, AB 1969 provides a similar exemption for  
          the Elsinore Valley Cemetery District.


                                 Assembly Actions  

          Assembly Local Government Committee:  9-0
          Assembly Floor:                    69-0


                         Support and Opposition  (6/3/10)

           Support  :  Elsinore Valley Cemetery District.

           Opposition  :  Unknown.