BILL NUMBER: SB 1131 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2012
INTRODUCED BY Senator La Malfa
(Principal coauthor: Assembly Member Nielsen)
( Coauthor: Assembly Member
Yamada )
FEBRUARY 21, 2012
An act to add Section 9063.9 to the Health and Safety Code,
relating to cemeteries.
LEGISLATIVE COUNSEL'S DIGEST
SB 1131, as amended, La Malfa. Public cemetery districts:
interments.
The Public Cemetery District Law specifies the procedures for the
formation of public cemetery districts, procedures for the selection
of the district board of trustees and officers, and the powers and
duties of the board. That law limits interments in public cemetery
district cemeteries to residents of the district and nonresidents who
meet specified criteria. Existing law also permits interments of
nonresidents in designated public cemetery districts, under certain
circumstances.
This bill would authorize a public cemetery district
within a 50-mile radius of a National Veterans Cemetery or a State
Veterans Cemetery the Cottonwood Cemetery District in
Shasta County, the Anderson Cemetery District in Shasta
County, and the Silveyville Cemetery District in Solano County, to
use their cemeteries for up to a total of 40 interments each per
calendar year to inter nonresidents and nonproperty taxpayers,
if specified conditions are met.
This bill would make legislative findings and declarations as to
the necessity of a special statute for Shasta and Solano Counties.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9063.9 is added to the Health and Safety Code,
to read:
9063.9. Notwithstanding Section 9060, a public cemetery
district within a 50-mile radius of a National Veterans Cemetery or a
State Veterans Cemetery may use its cemetery for up to a total of
100 interments Sections 9060 and 9061, the Cottonwood
Cemetery District in Shasta County, the Anderson Cemetery District in
Shasta County, and the Silveyville Cemetery District in Solano
County may use their cemeteries for up to a total of 40 interments
each per calendar year , for interment in the ground or a
columbarium of any person who is not a resident or a property
taxpayer of the any cemetery district
, and who does not qualify for that interment pursuant to
Section 9061, if all of the following apply:
(a) The board of trustees determines that the district's
cemetery has adequate space for the foreseeable future.
(b) The district has an endowment care fund that requires a
contribution for every interment of at least the minimum
payment amount set pursuant to
Section Sections 8738 and 9065.
(c) The district requires the payment of a nonresident fee set
pursuant to Section 9068.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
pertaining to the Cottonwood Cemetery District, the Anderson Cemetery
District, and the Silveyville Cemetery District.