Senate BillNo. 159

Introduced by Senator Fuller

(Coauthor: Assembly Member Conway)

February 1, 2013

An act to amend Section 9063.9 of the Health and Safety Code, relating to public cemetery districts.


SB 159, as introduced, Fuller. Public cemetery districts: Kern River Valley Cemetery District.

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 the Kern River Valley Cemetery District in Kern County to use their cemeteries for up to a total of 400 interments each, not to exceed 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 Kern County.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 9063.9 of the Health and Safety Code is
2amended to read:

P2    1


Notwithstanding Sections 9060 and 9061, the
2Cottonwood Cemetery District in Shasta County, the Anderson
3Cemetery District in Shasta County,begin insert the Kern River Valley end insert
4begin insertCemetery District in Kern County,end insert and the Silveyville Cemetery
5District in Solano County may use their cemeteries for up to a total
6of 400 interments each, not to exceed 40 interments each per
7calendar year, for interment in the ground or a columbarium of
8any person who is not a resident or a property taxpayer of any
9cemetery district, and who does not qualify for that interment
10pursuant to Section 9061, if all of the following apply:

11(a) The board of trustees determines that the district’s cemetery
12has adequate space for the foreseeable future.

13(b) The district has an endowment care fund that requires a
14contribution for every interment of at least the minimum amount
15set pursuant to Sections 8738 and 9065.

16(c) The district requires the payment of a nonresident fee set
17pursuant to Section 9068.


SEC. 2.  

The Legislature finds and declares that a special law
19is necessary and that a general law cannot be made applicable
20within the meaning of Section 16 of Article IV of the California
21Constitution because of the unique circumstances pertaining to the
22Kern River Valley Cemetery District.


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Corrected 2-6-13—See last page.     99