BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 966|
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                                    CONSENT


          Bill No:  AB 966
          Author:   Yamada (D)
          Amended:  6/13/11 in Senate
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  9-0, 6/22/11
          AYES:  Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez, 
            Kehoe, 
          La Malfa, Liu
           
          ASSEMBLY FLOOR  :  78-0, 5/19/11 - See last page for vote


           SUBJECT  :    Public cemetery districts:  nonresident burial

           SOURCE  :     Davis Cemetery District


           DIGEST  :    This bill allows the Davis Cemetery District to 
          inter nonresidents under specified conditions.

           ANALYSIS  :    State law limits who may be buried in a 
          district cemetery.  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.  When it revised 
          the Public Cemetery District Law, the Legislature retained 
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          Oroville's special provision (SB 341 �Senate Local 
          Government Committee], Chapter 57, Statutes of 2003).  Last 
          year, the Legislature allowed the Elsinore Valley Cemetery 
          District (Riverside County) to inter up to 536 nonresidents 
          in a former Jewish cemetery, under specified conditions (AB 
          1969 �Jeffries], Chapter 40, Statutes of 2010).

          This bill authorizes the Davis Cemetery District to inter 
          up to a total of 500 interments of people who are neither 
          residents nor property taxpayers in the District, if:

          1. The board of trustees determines that the cemetery has 
             adequate space for the foreseeable future;

          2. The District has an endowment care fund that meets at 
             least a minimum payment as prescribed by law; and

          3. The District requires the payment of a non-resident fee, 
             as set by law.

           Comments
           
          California's 253 public cemetery districts are separate 
          local governments that operate cemeteries and provide 
          interment services, mostly in rural areas and suburbs that 
          were formerly rural communities.  County boards of 
          supervisors appoint the cemetery districts' boards of 
          trustees, composed of three to five registered voters from 
          within the districts' boundaries.  The districts finance 
          their operations with small shares of local property tax 
          revenues, by selling interment rights, and by charging for 
          services.  

          Formed in 1922, the Davis Cemetery District (Yolo County) 
          serves residents and property taxpayers within a 43 square 
          mile service area, most of which is in the City of Davis.  
          The District's 2005 Master Plan projects that the 
          cemetery's 25 acres will serve the community's burial needs 
          for the next 100 years.  

          Congregation Bet Haverim is the only synagogue in Yolo 
          County.  Members of the synagogue, including several 
          families from outside of the Davis Cemetery District, want 
          to purchase a group of plots to supplement an existing 

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          Congregation Bet Haverim group of plots in the Davis 
          Cemetery.  To accommodate this purchase, Davis Cemetery 
          District officials want the Legislature to grant the 
          District an exemption from the statute restricting 
          nonresident burials.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/23/11)

          Davis Cemetery District (source)
          Congregation Bet Haverim
          Jewish Community Relations Council


           ASSEMBLY FLOOR  :  78-0, 5/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. P�rez
          NO VOTE RECORDED:  Alejo, Gorell


          AGB:kc  6/23/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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