Section § 9060

Explanation

This law specifies who can be buried in cemeteries owned by a district. Interment is limited to burial in the ground, columbariums, and mausoleums. Only certain groups are allowed to be buried: current residents, former residents who bought burial rights while living there, those who pay or used to pay property taxes in the district and bought burial rights then, eligible nonresidents as outlined in the law, and family members of any of these groups.

(a)CA Health & Safety Code § 9060(a)  A district shall limit interment in a cemetery owned by the district to interment in the ground, in columbariums, and in mausoleums, as provided in this part.
(b)CA Health & Safety Code § 9060(b)  A district shall limit interments to:
(1)CA Health & Safety Code § 9060(b)(1)  Persons who are residents of the district.
(2)CA Health & Safety Code § 9060(b)(2)  Persons who are former residents of the district and who acquired interment rights while they were residents of the district.
(3)CA Health & Safety Code § 9060(b)(3)  Persons who pay property taxes on property located in the district.
(4)CA Health & Safety Code § 9060(b)(4)  Persons who formerly paid property taxes on property located in the district and who acquired interment rights while they paid those property taxes.
(5)CA Health & Safety Code § 9060(b)(5)  Eligible nonresidents of the district, as provided in this chapter.
(6)CA Health & Safety Code § 9060(b)(6)  Persons who are family members of any person described in this subdivision.

Section § 9061

Explanation

This California law allows a district-owned cemetery to bury nonresidents under certain conditions. Firstly, the cemetery must have a sufficient care fund and charge a nonresident fee, unless waived for those who pre-purchased the right while they were residents. Additionally, the nonresident must meet specific eligibility criteria related to family ties, residency history, or circumstances such as military service or line-of-duty death. If eligible, there must still be enough cemetery space.

(a)CA Health & Safety Code § 9061(a)  A district may inter a person who is not a resident of the district or a person who does not pay property taxes on property located in the district in a cemetery owned by the district if all of the following apply:
(1)CA Health & Safety Code § 9061(a)(1)  The district has an endowment care fund that requires at least the minimum payment set pursuant to Section 9065.
(2)CA Health & Safety Code § 9061(a)(2)  The district requires the payment of a nonresident fee set pursuant to Section 9068. A board of trustees may adopt a written policy that permits waiving the payment of the nonresident fee for a nonresident who had purchased an interment right while a resident or a taxpayer.
(3)CA Health & Safety Code § 9061(a)(3)  The person meets the conditions listed in one or more of subdivisions (b) through (e).
(b)CA Health & Safety Code § 9061(b)  A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if the person is a family member of a person who is already interred in a cemetery owned by the district or is a family member of a person who has acquired interment rights in a cemetery owned by a district.
(c)CA Health & Safety Code § 9061(c)  A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if all of the following apply:
(1)CA Health & Safety Code § 9061(c)(1)  The person was a resident of the district or paid property taxes on property located in the district for continuous period of at least five years, a portion of which time period shall have occurred within the 10 years immediately before the person’s death.
(2)CA Health & Safety Code § 9061(c)(2)  The district receives a written request for the interment of the person from a person who is a resident of the district or who pays property taxes on property located within the district, and the person submitting the written request is not a trustee, officer, or employee of the district and is not a funeral director or an employee of a funeral director.
(3)CA Health & Safety Code § 9061(c)(3)  The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(d)CA Health & Safety Code § 9061(d)  A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if all of the following apply:
(1)CA Health & Safety Code § 9061(d)(1)  The person was a resident of this state at the time of death.
(2)CA Health & Safety Code § 9061(d)(2)  There is no private cemetery within a straight-line radius of 15 miles of the person’s residence.
(3)CA Health & Safety Code § 9061(d)(3)  There is no private cemetery nearer to the person’s residence than the nearest cemetery owned by the district.
(4)CA Health & Safety Code § 9061(d)(4)  The distances shall be measured in a straight line from the person’s residence to the nearest private cemetery and the nearest cemetery owned by the district.
(e)CA Health & Safety Code § 9061(e)  A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if all of the following apply:
(1)CA Health & Safety Code § 9061(e)(1)  The person died while either:
(A)CA Health & Safety Code § 9061(e)(1)(A)  Serving in the Armed Forces or the active militia, or
(B)CA Health & Safety Code § 9061(e)(1)(B)  In the line of duty as a peace officer or firefighter.
(2)CA Health & Safety Code § 9061(e)(2)  The board of trustees determines that the cemetery has adequate space for the foreseeable future.

Section § 9062

Explanation

This law allows a cemetery's board of trustees to partner with a county for interring people the county is responsible for, under certain conditions.

The cemetery must have enough space for future needs and an endowment care fund with required payments.

The county needs to cover interment costs, including a contribution to the cemetery's care fund.

Notwithstanding Section 9060, the board of trustees may contract with any county in which the district is located to inter persons for whose interment the county is responsible pursuant to Chapter 10 (commencing with Section 27460) of Division 2 of Title 3 of the Government Code or Chapter 3 (commencing with Section 7100) of Part 1 of Division 7 of this code, if all of the following apply:
(a)CA Health & Safety Code § 9062(a)  The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(b)CA Health & Safety Code § 9062(b)  The district has an endowment care fund that requires at least the minimum payment set pursuant to Section 9065.
(c)CA Health & Safety Code § 9062(c)  The contract requires the county to pay the costs of the interment, including a payment to the district’s endowment care fund.

Section § 9063

Explanation

This law allows the Oroville Cemetery District to use its cemetery on Feather River Boulevard for burying up to 100 people who do not live in the district. However, specific conditions must be met: there must be enough space in the cemetery for future needs, the cemetery must have a care fund with minimum required payments, and nonresidents must pay a fee.

Notwithstanding Section 9060, the Oroville Cemetery District may use its cemetery on Feather River Boulevard, north of Oro Dam Boulevard for up to a total of 100 interments, for interment in the ground of any person who is not a resident of the district if all of the following apply:
(a)CA Health & Safety Code § 9063(a)  The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(b)CA Health & Safety Code § 9063(b)  The district has an endowment care fund that requires at least the minimum payment set pursuant to Section 9065.
(c)CA Health & Safety Code § 9063(c)  The district requires the payment of a nonresident fee set pursuant to Section 9068.

Section § 9063.3

Explanation

This law allows the Happy Homestead Cemetery District in South Lake Tahoe to bury residents from specified Nevada communities in its cemeteries, overruling certain other legal sections for this situation. However, there are conditions: the cemetery must have enough space, there must be a fund for cemetery upkeep with a required contribution for each burial, and nonresidents must pay a specific fee.

Notwithstanding Sections 9060 and 9061, the Happy Homestead Cemetery District located in the City of South Lake Tahoe in the County of El Dorado may inter residents of the Nevada communities of Glenbrook, Cave Rock, Skyland, Zephyr Cove, Round Hill, Elk Point, Kingsbury, and Stateline in the cemeteries in the district if all of the following apply:
(a)CA Health & Safety Code § 9063.3(a) The Happy Homestead Cemetery District Board of Trustees determines that the district’s cemeteries have adequate space for the foreseeable future.
(b)CA Health & Safety Code § 9063.3(b) The district has an endowment care fund that requires a contribution for every interment of at least the minimum amount set pursuant to Sections 8738, 9065, and 9068.
(c)CA Health & Safety Code § 9063.3(c) The district requires the payment of a nonresident fee set pursuant to Section 9068.

Section § 9063.5

Explanation

This section allows the Elsinore Valley Cemetery District to use a part of its cemetery, called Home of Peace, to bury up to 536 individuals who don’t live in the district. This can occur under three conditions: (a) the cemetery board believes they have enough space for future needs; (b) there's a fund for taking care of the cemetery which includes at least the minimum contribution, and (c) nonresidents must pay an additional fee.

Notwithstanding Section 9060, the Elsinore Valley Cemetery District may use the portion of its cemetery formerly known as Home of Peace for up to a total of 536 interments, for interment in the ground of any person who meets the criteria for burial in that area but is not a resident of the district if all of the following apply:
(a)CA Health & Safety Code § 9063.5(a) The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(b)CA Health & Safety Code § 9063.5(b) The district has an endowment care fund that requires at least the minimum payment set pursuant to Section 9065.
(c)CA Health & Safety Code § 9063.5(c) The district requires the payment of a nonresident fee set pursuant to Section 9068.

Section § 9063.7

Explanation

This law allows the Davis Cemetery District to bury up to 500 people who are not residents or property taxpayers in their cemetery if certain conditions are met.

The conditions include: ensuring there is enough space for future needs, having a fund for cemetery upkeep with the required minimum amount, and charging a fee for nonresidents.

Notwithstanding Section 9060, the Davis Cemetery District may use its cemetery at 820 Pole Line Road, Davis, for up to a total of 500 interments, for interment in the ground of any person who is not a resident or a property taxpayer of the district if all of the following apply:
(a)CA Health & Safety Code § 9063.7(a) The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(b)CA Health & Safety Code § 9063.7(b) The district has an endowment care fund that requires at least the minimum payment set pursuant to Section 9065.
(c)CA Health & Safety Code § 9063.7(c) The district requires the payment of a nonresident fee set pursuant to Section 9068.

Section § 9063.9

Explanation

This law allows specific cemetery districts in Shasta, Kern, and Solano Counties to offer burial plots or columbarium spaces to up to 400 people who aren't local residents or taxpayers, capped at 40 people per year. To do this, the cemetery must have plenty of space for future needs, collect a contribution to their care fund for each burial, and charge a nonresident fee.

Notwithstanding Sections 9060 and 9061, the Cottonwood Cemetery District in Shasta County, the Anderson Cemetery District in Shasta County, the Halcumb Cemetery District in Shasta County, the Kern River Valley Cemetery District in Kern County, and the Silveyville Cemetery District in Solano County may use their cemeteries for up to a total of 400 interments each, not to exceed 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 any cemetery district, and who does not qualify for that interment pursuant to Section 9061, if all of the following apply:
(a)CA Health & Safety Code § 9063.9(a) The board of trustees determines that the district’s cemetery has adequate space for the foreseeable future.
(b)CA Health & Safety Code § 9063.9(b) The district has an endowment care fund that requires a contribution for every interment of at least the minimum amount set pursuant to Sections 8738 and 9065.
(c)CA Health & Safety Code § 9063.9(c) The district requires the payment of a nonresident fee set pursuant to Section 9068.

Section § 9064

Explanation

This law requires the board of trustees to keep detailed records for cemeteries owned by the district. These records must include information about the graves, such as who owns burial rights and where they're located, as well as details about the deceased interred there, including their personal details and the funeral director's information.

The law allows these records to be maintained in their original form or in any format that accurately reproduces the original records.

(a)CA Health & Safety Code § 9064(a)  The board of trustees shall cause to be prepared and maintained accurate and current records of:
(1)CA Health & Safety Code § 9064(a)(1)  The cemeteries owned by the district, showing the location of the sites where persons have acquired interment rights, including the names and addresses of the persons who have acquired these interment rights, and the location of plots where interment rights are available for acquisition.
(2)CA Health & Safety Code § 9064(a)(2)  All remains interred in cemeteries owned by the district, including the name of each person, his or her age at the time of death, place of death, date of interment, the interment plot, and the name and address of the funeral director.
(b)CA Health & Safety Code § 9064(b)  A district may keep the records required by this section in their original form or by any other method that can produce an accurate reproduction of the original record.

Section § 9065

Explanation

The board of trustees for a cemetery district must create a fund called an endowment care fund. This fund is maintained by requiring payments when interment rights are sold or if previous payments were not made. The payment amounts are set by a different law, specifically Section 8738. Additionally, the board can add money from other sources if necessary. Importantly, they cannot spend the main amount of the fund, only its income, which must be used exclusively for cemetery upkeep.

(a)CA Health & Safety Code § 9065(a)  The board of trustees shall create an endowment care fund.
(b)CA Health & Safety Code § 9065(b)  The board of trustees shall require a payment into the endowment care fund for each interment right sold. The amount of the payment shall be not less than the minimum amounts set by Section 8738.
(c)CA Health & Safety Code § 9065(c)  The board of trustees may require a payment into the endowment care fund for each interment where no payment has previously been made. The amount of the payment shall be not less than the minimum amounts set by Section 8738.
(d)CA Health & Safety Code § 9065(d)  The board of trustees may pay into the endowment care fund any money from the district’s general fund and from any other sources which is necessary or expedient to provide for the endowment care of the cemeteries owned by the district.
(e)CA Health & Safety Code § 9065(e)  The board of trustees shall not spend the principal of the endowment care fund.
(f)CA Health & Safety Code § 9065(f)  The board of trustees shall cause the income from the endowment care fund to be deposited in an endowment income fund and spent solely for the care of the cemeteries owned by the district.

Section § 9066

Explanation

This law section requires the board of trustees to ensure that the main funds of the endowment care fund are invested in specific types of financial instruments. These include: securities listed in another law; U.S. government obligations; local government obligations with a good credit history in California; state obligations; high-rated corporate bonds; and insured bank accounts. The investments must meet certain criteria, such as good credit ratings and no recent default history.

The board of trustees shall cause the principal of the endowment care fund to be invested and reinvested in any of the following:
(a)CA Health & Safety Code § 9066(a)  Securities and obligations designated by Section 53601 of the Government Code.
(b)CA Health & Safety Code § 9066(b)  Obligations of the United States or obligations for which the faith and credit of the United States are pledged for the payment of principal and interest. These shall not be limited to maturity dates of one year or less.
(c)CA Health & Safety Code § 9066(c)  Obligations issued under authority of law by any county, municipality, or school district in this state for which are pledged the faith and credit of that county, municipality, or school district for the payment of principal and interest, if within 10 years immediately preceding the investment that county, municipality, or school district was not in default for more than 90 days in the payment of principal or interest upon any legally authorized obligations issued by it.
(d)CA Health & Safety Code § 9066(d)  Obligations of the State of California or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(e)CA Health & Safety Code § 9066(e)  Interest-bearing obligations issued by a corporation organized under the laws of any state, or of the United States, provided that they bear a Standard and Poor’s financial rating of AAA at the time of the investment.
(f)CA Health & Safety Code § 9066(f)  Certificates of deposit or other interest-bearing accounts in any state or federally chartered bank or savings association, the deposits of which are insured by the Federal Deposit Insurance Corporation.

Section § 9067

Explanation

This law allows the board of trustees to invest funds from the endowment income fund that are not currently needed for maintaining cemeteries. These funds can be invested in specific securities and obligations as outlined in another legal section, Section 53601 of the Government Code.

The board of trustees may cause the funds deposited in the endowment income fund pursuant to subdivision (f) of Section 9065 that are not required for the immediate care of the cemeteries owned by the district to be invested in the securities and obligations designated by Section 53601 of the Government Code.

Section § 9068

Explanation

The board of trustees for cemeteries owned by the district needs to set up a fee schedule for burials and other services.

They must also create a separate fee schedule for nonresidents, ensuring these fees are at least equal to those for residents, plus an extra fee of at least 15% for nonresidents.

(a)CA Health & Safety Code § 9068(a)  The board of trustees shall adopt a schedule of fees for interments in cemeteries owned by the district and for other necessary and convenient services.
(b)CA Health & Safety Code § 9068(b)  The board of trustees shall also adopt a schedule of fees for nonresidents. The board of trustees shall set these fees at an amount that at least equals the amount of fees charged to residents or taxpayers and shall include a nonresident fee of at least 15 percent of that amount.

Section § 9069

Explanation

This law allows a district to declare an interment plot, which is a burial space in a cemetery, abandoned. To do this, the district must file a petition in court with specific details, like the plot's identification and evidence that no one has been buried there for at least 50 years, and the current owner is unknown. They must also publish notices and send them by mail to the last known owner. A court hearing will be held to decide if the plot can be declared abandoned, and if approved, ownership returns to the district after a year.

If anyone believes this isn’t right, they can ask the court to review the case again before the year ends. If new information comes up, the court can change its decision. Once a plot is officially abandoned, the district can sell interment rights again.

However, if the district finds human remains in the plot later, they must try to identify them, mark the plot accordingly, and offer alternate burial rights to new owners. The district isn't liable for any damages if they follow the correct procedures.

(a)CA Health & Safety Code § 9069(a)  A district may seek the abandonment of an interment plot in a cemetery owned by the district pursuant to this section.
(b)CA Health & Safety Code § 9069(b)  The board of trustees shall file a petition with the superior court of the principal county which contains all of the following:
(1)CA Health & Safety Code § 9069(b)(1)  An identification of the interment plot that the district desires to be declared abandoned.
(2)CA Health & Safety Code § 9069(b)(2)  A statement that the district has made a diligent search to locate the present owner of the interment plot.
(3)CA Health & Safety Code § 9069(b)(3)  A statement that the present owner of the interment plot is unknown to the district.
(4)CA Health & Safety Code § 9069(b)(4)  A statement that, to the best knowledge of the district, at least 50 years have passed since any portion of the interment plot has been used for interment purposes.
(5)CA Health & Safety Code § 9069(b)(5)  A statement that, after a reasonable physical investigation of the interment plot, the interment plot has not been used for the interment of human remains.
(6)CA Health & Safety Code § 9069(b)(6)  A request that the court declare the interment plot abandoned.
(c)CA Health & Safety Code § 9069(c)  Upon the filing of a petition pursuant to subdivision (b), the clerk of the superior court shall set a time for a hearing on the petition.
(d)CA Health & Safety Code § 9069(d)  After the clerk of the superior court has set the hearing, the district shall give notice of the court’s hearing. The notice shall identify the interment plot that the district desires to be declared abandoned, state the name and address of the last known owner of the interment plot, state that the court will hold a hearing to determine whether to declare the interment plot abandoned, and state the time and place of the court’s hearing. The district shall give notice of the court’s hearing by publishing a notice pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the jurisdiction of the district at least 10 days before the hearing. The district shall post the public notice in at least three public places within the jurisdiction of the district, at least 10 days before the hearing. One of the public places shall be at the interment plot that the district desires to be declared abandoned, and one of the public places shall be at the offices of the district. In addition, the district shall mail the notice by certified mail, return receipt requested, at least 10 days before the hearing to the last known owner of the interment plot.
(e)CA Health & Safety Code § 9069(e)  At the time set for the hearing, the superior court shall hear and consider any evidence that is introduced in favor or, and any objections to, the abandonment of the interment plot. The court may continue its hearing from time to time. The court shall determine from the evidence presented whether the facts stated in the district’s petition are true. The court shall dismiss any portion of the district’s petition if the court determines that any of the facts stated in that portion of the petition are not true, or if the court determines the identity of the present owner of the interment plot. If the court determines that the facts stated in the district’s petition are true, the court may order that the interment plot shall be deemed abandoned and full title shall revert to the district. The superior court’s order shall not become final until one year after the date on which the court made its order.
(f)CA Health & Safety Code § 9069(f)  Within 30 days after the date on which the superior court made its order, the district shall give notice of the court’s order. The notice shall identify the interment plot that the district desires to be declared abandoned, state the name and address of the last known owner of the interment plot, and state the date on which the court’s order will be final. The district shall give notice of the court’s order by publishing a notice pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the jurisdiction of the district. The district shall post the public notice in at least three public places within the jurisdiction of the district. One of the public places shall be at the interment plot that the district desires to be declared abandoned, and one of the public places shall be at the offices of the district. In addition, the district shall mail the notice by certified mail, return receipt requested, to the last known owner of the interment site.
(g)CA Health & Safety Code § 9069(g)  At any time before the superior court’s order becomes final, any person may petition the court to reopen the proceeding. Upon receiving a petition and after giving notice to the district, the court may reopen the proceeding. The court may hear and consider any additional evidence regarding the facts in the district’s petition. The court may amend its previous order. If the court determines that any of the facts stated in any portion of the district’s petition are not true, or if the court determines the identify of the present owner of the interment plot, the court shall dismiss that portion of the district’s petition.
(h)CA Health & Safety Code § 9069(h)  The interment plot shall be deemed abandoned on the date on which the superior court’s order becomes final. The district shall record the court’s order in the office of the county recorder of the county in which the interment plot is located. Upon recordation of the court’s order, the district is the owner of the interment plot and the district may resell the interment rights.
(i)CA Health & Safety Code § 9069(i)  If, after the proceedings taken pursuant to this section, the district discovers the presence of human remains in the interment plot, the district shall make reasonable efforts to identify the remains. The district shall close and appropriately mark the interment plot. The district shall offer the new owner of the interment rights in that interment plot comparable interment rights in another interment plot. The district shall not be liable for any claims for damages if the district has proceeded pursuant to this section.