Section § 9000

Explanation

This law is officially named the Public Cemetery District Law, which sets out rules and guidelines for managing public cemetery districts in California.

This part shall be known and may be cited as the Public Cemetery District Law.

Section § 9001

Explanation

This law emphasizes the need for respectful and affordable burial options that cater to California's diverse communities. The public cemetery districts, created in 1909, are responsible for managing cemeteries' ownership, improvement, and operations. These districts have played a crucial role, especially in rural areas, by providing financing for public cemeteries and interment services. While burial practices have evolved, the necessity for community-accessible cemeteries remains. The law aims to maintain the authority of special districts to manage these facilities and encourages local adaptation to meet unique local needs.

(a)CA Health & Safety Code § 9001(a)  The Legislature finds and declares all of the following:
(1)CA Health & Safety Code § 9001(a)(1)  There is a continuing need to provide for the respectful and cost-effective interment of human remains to meet the cultural, economic, religious, and social needs of California’s diverse communities.
(2)CA Health & Safety Code § 9001(a)(2)  The Legislature authorized the creation of public cemetery districts in 1909 to assume responsibility for the ownership, improvement, expansion, and operation of cemeteries and the provision of interment services from fraternal, pioneer, religious, social, and other organizations that were unable to provide for those cemeteries.
(3)CA Health & Safety Code § 9001(a)(3)  For nearly a century, public cemetery districts have provided communities with the means to publicly finance the ownership, improvement, expansion, and operation of public cemeteries and the provision of interment services, particularly in rural and formerly rural communities.
(4)CA Health & Safety Code § 9001(a)(4)  Interment customs and practices have changed since the creation of the public cemetery districts but communities continue to need the means to own, improve, expand, and operate public cemeteries that provide respectful and cost-effective interments.
(b)CA Health & Safety Code § 9001(b)  In enacting this part, it is the intent of the Legislature to create and continue a broad statutory authority for a class of special districts that can own, improve, expand, and operate public cemeteries that provide respectful and cost-effective interments.
(c)CA Health & Safety Code § 9001(c)  It is also the intent of the Legislature that local officials adapt the powers and procedures provided by this part to meet the diversity of local conditions and circumstances.

Section § 9002

Explanation

This section provides definitions for terms used in the legal framework governing public cemetery districts in California. These definitions include what is meant by 'active militia', 'armed services', 'board of trustees', and 'district'. A district refers to a public cemetery district. It also explains who qualifies as a 'domestic partner' and lists what constitutes a 'family member'. Additional terms defined are 'firefighter', 'interment right', 'nonresident', 'peace officer', 'principal county', and 'voter'. The term 'interment right' specifically refers to the rights to use a cemetery plot and is considered a transferable property interest.

The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings:
(a)CA Health & Safety Code § 9002(a) “Active militia” means the active militia as defined by Section 120 of the Military and Veterans Code.
(b)CA Health & Safety Code § 9002(b) “Armed services” means the armed services as defined by Section 18540 of the Government Code.
(c)CA Health & Safety Code § 9002(c) “Board of trustees” means the legislative body of a district.
(d)CA Health & Safety Code § 9002(d) “District” means a public cemetery district created pursuant to this part or any of its statutory predecessors.
(e)CA Health & Safety Code § 9002(e) “Domestic partner” means two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 (commencing with Section 297) of the Family Code.
(f)CA Health & Safety Code § 9002(f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons.
(g)CA Health & Safety Code § 9002(g) “Firefighter” means a firefighter as defined by Section 1797.182.
(h)Copy CA Health & Safety Code § 9002(h)
(1)Copy CA Health & Safety Code § 9002(h)(1) “Interment right” means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights:
(A)CA Health & Safety Code § 9002(h)(1)(A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district.
(B)CA Health & Safety Code § 9002(h)(1)(B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district.
(2)CA Health & Safety Code § 9002(h)(2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10).
(i)CA Health & Safety Code § 9002(i) “Nonresident” means a person who does not reside within a district or does not pay property taxes on property located in a district.
(j)CA Health & Safety Code § 9002(j) “Peace officer” means a peace officer as defined by Section 830 of the Penal Code.
(k)CA Health & Safety Code § 9002(k) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district.
(l)CA Health & Safety Code § 9002(l) “Voter” means a voter as defined by Section 359 of the Elections Code.

Section § 9003

Explanation

This law part serves as the basis for organizing and governing public cemetery districts in California. It replaces the former regulations from 1939 and ensures that districts formed under those old rules, and still existing in 2004, continue to operate under this new law.

Additionally, any financial obligations, taxes, or actions taken by these districts before 2004 remain valid, even if there were errors or mistakes, as long as they don't strictly follow this new part.

(a)CA Health & Safety Code § 9003(a)  This part provides the authority for the organization and powers of public cemetery districts. This part succeeds the former Part 4 (commencing with Section 8890), as added by Chapter 60 of the Statutes of 1939, as subsequently amended, and any of its statutory predecessors.
(b)CA Health & Safety Code § 9003(b)  Any public cemetery district formed pursuant to the former Part 4 or any of its statutory predecessors that was in existence on January 1, 2004, shall remain in existence as if it has been organized pursuant to this part.
(c)CA Health & Safety Code § 9003(c)  Any indebtedness, special tax, benefit assessment, fee, election, ordinance, resolution, regulation, rule, or any other action of a district taken pursuant to the former Part 4 or of any of its statutory predecessors which was taken before January 1, 2004, shall not be voided solely because of any error, omission, informality, misnomer, or failure to comply strictly with this part.

Section § 9004

Explanation

This section emphasizes that the law should be interpreted in a way that best supports public health, safety, and wellbeing. It should be understood and applied broadly to achieve its intended goals.

This part is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.

Section § 9005

Explanation

If a part of this law is found to be invalid or doesn't apply to certain people or entities, it won't affect the rest of the law. The remaining provisions will still be enforced independently, as the different parts of this law are designed to stand alone.

If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application of the invalid provision, and to this end the provisions of this part are severable.

Section § 9006

Explanation

If someone wants to legally challenge how a district is set up or how it acts, they need to follow specific legal procedures outlined in different parts of the Civil Procedure Code.

For challenges about the district's organization or actions, the rules start at Section 860. For judicial reviews of actions taken under the relevant part of the law, the process starts at Section 1084.

(a)CA Health & Safety Code § 9006(a)  Any action brought to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(b)CA Health & Safety Code § 9006(b)  Any judicial review of an action taken pursuant to this part shall be conducted pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.

Section § 9007

Explanation

This law explains how territory can be included in a public cemetery district, noting that areas already part of a cemetery or special district for cemetery services should not join another. It refers to a specific act for guidelines on district changes unless there is a conflict with this law, in which case this law takes precedence. Additionally, districts are usually considered 'independent special districts' unless a county board takes control.

(a)CA Health & Safety Code § 9007(a)  Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district. Territory that is already within a public cemetery district or another type of special district that provides cemetery facilities and services shall not be included within a public cemetery district.
(b)CA Health & Safety Code § 9007(b)  Except as provided in this part, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code, shall govern any change of organization or reorganization of a district. In the case of any conflict between that division and this part, the provisions of this part shall prevail.
(c)CA Health & Safety Code § 9007(c)  A district shall be deemed an “independent special district,” as defined by Section 56044 of the Government Code, except when a county board of supervisors has appointed itself as the board of trustees.