BILL ANALYSIS �
AB 966
Page 1
Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 966 (Yamada) - As Amended: May 9, 2011
SUBJECT : Public cemetery districts: nonresident burial.
SUMMARY : Allows the Davis Cemetery District (DCD) to inter, in
a specified section of the cemetery, nonresidents who meet a
limited set of criteria. Specifically, this bill :
1)Authorizes DCD to use its cemetery at 820 Pole Line Road in
Davis for up to a total of 500 interments for non-residents of
DCD who meet specified criteria.
2)Requires that before approving such interments the following
must occur:
a) The board of trustees for DCD must determine that the
cemetery has adequate space for the foreseeable future;
b) DCD has an endowment care fund that requires at least a
minimum payment as prescribed by law; and,
c) DCD 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;
d) Persons who formerly paid property taxes on property
located in the district and who acquired interment rights
while they paid those property taxes;
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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.
1)Authorizes Elsinore Valley Cemetery District (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.
FISCAL EFFECT : None
COMMENTS :
1)According to the author's office AB 966 would facilitate a
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group purchase of plots to supplement an existing Congregation
Bet Haverim group of plots in the Davis Cemetery District.
The de facto Jewish section of the Davis Cemetery is almost
full and the congregation is purchasing a second group of
plots. However, not all congregants will be able to
participate in the group purchase because according to state
law, they are not eligible nonresidents of the district.
Congregation Beth Haverim is the only synagogue in Yolo
County, thus membership includes several families that live
outside the Davis Cemetery District. However, they have
connections to the City of Davis beyond synagogue membership,
including work, children attending Davis schools, and
community service.
The Congregation Bet Haverim does not have the need to
purchase a group of plots in the Woodland City Cemetery or the
privately owned Monument Hill Cemetery, near Woodland, because
not enough Congregation Bet Haverim families live in the areas
these cemeteries to justify a group purchase. In addition, the
Davis Cemetery board of trustees has determined that Davis
cemetery has a 300-year supply of plots.
2)Support arguments: Expanding on the scope of who DCD can
inter will allow DCD to provide a service to meet the unique
needs of their community and surrounding areas.
Opposition arguments: None at this time.
REGISTERED SUPPORT / OPPOSITION :
Support
Davis Cemetery District �SPONSOR]
Community Relations Council, Jewish Federation of Silicon Valley
Congregation Bet Haverim
Jewish Community Relations Council
Individual letters (20)
Opposition
None on file
AB 966
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Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958