California 2011 2011-2012 Regular Session

California Senate Bill SB1131 Amended / Bill

Filed 04/25/2012

 BILL NUMBER: SB 1131AMENDED 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.