Public Cemetery DistrictsPowers
Section § 9040
This law section explains that a local governing district in California can own and operate cemeteries within its area. The district is responsible for improving and maintaining these cemeteries, ensuring they are properly cared for. The district also has the sole authority over how the cemeteries are managed and maintained.
Section § 9041
This law section details the range of powers and rights that a district has to fulfill its purposes, even if not explicitly listed. A district can engage in legal actions, acquire and dispose of property, employ staff, hire professionals, manage contracts, and handle finances, among other things.
They can also adopt regulations for cemeteries, collaborate with other entities through joint agreements, provide insurance and training for trustees, and seek advice through advisory committees. Essentially, they have broad authority to do anything necessary within the bounds of their powers.
Section § 9042
This law states that when a public district in California is acquiring, improving, or using real property, they must follow specific guidelines set out in certain sections of the Government Code. Additionally, if the district wants to sell or otherwise dispose of land it no longer needs (surplus land), it must adhere to another set of rules outlined in the Government Code.
Section § 9043
This section outlines three main points about cemetery districts. First, these districts can exist indefinitely. Second, the district's board of trustees can change the district's name if two-thirds agree, as long as the new name includes 'public cemetery district' or 'cemetery district.' They must file this change with the relevant state and local authorities within 10 days. Third, a district can destroy certain documents under specific government code guidelines, unless they decide the document is still needed for future public use, legal reasons, or historical importance. However, this does not apply to records of burials, as they have separate rules.
Section § 9044
This section outlines how districts in California should manage their purchasing processes. They must create policies and procedures for buying supplies and equipment and can ask the Department of General Services to make purchases for them. Additionally, districts can request the principal county's purchasing agent to handle purchases or contracts for various services and programs.
Section § 9045
Section § 9046
This law allows a board of trustees to require employees or officers to have a bond, which is a kind of insurance that protects against financial loss. The cost of this bond is covered by the district, not the individual.
Section § 9047
This law allows a board of trustees to establish programs that benefit their employees and board members based on specific rules outlined in another part of the law, beginning with Section 53200. Essentially, they can create helpful programs as long as they follow the guidelines in the specified chapter.
Section § 9048
This law allows a district to cover travel and incidental expenses for its board members and employees when they attend professional or educational meetings related to their official duties. These expenses can be paid in addition to any other payments they receive under another law (Section 9031).
Section § 9049
This law allows a district to sell the right to be buried or have ashes stored in its cemeteries, columbariums, and mausoleums, but there are specific rules and limits they must follow.
Section § 9050
This law allows a district to manage columbariums, which are places for storing cremated remains. It requires districts to follow specific laws concerning columbariums and mandates that any district selling rights to place remains in a columbarium must contribute to a care fund to ensure ongoing maintenance.
Section § 9051
This law allows cemetery districts in California to manage mausoleums built on or before May 1, 1937, and to build additions to them. The Visalia Public Cemetery District can handle a mausoleum constructed in 1965 by the City of Visalia, while the Arroyo Grande Cemetery District can permit private mausoleums, requiring the owners to cover all costs, including contributions to a maintenance trust fund. Other districts can also allow private mausoleums built on or before January 1, 2003. All districts must adhere to the Mausoleum and Columbarium Law.
Section § 9052
This law allows a district to set rules requiring monuments or markers at burial plots. The district can also establish standards for their durability. If someone can't afford a monument due to lack of funds or family, the district can provide one. They can also take donations for this purpose. However, district officials or employees aren't allowed to sell monuments or markers as a business.
Section § 9053
This law allows certain districts to sell items needed for burials, such as burial vaults, liners, and flower vases. However, they cannot sell monuments or markers.
Section § 9054
This law outlines conditions under which a district can use or lease land intended for future cemetery purposes for other enterprises. The district must declare their intention for future cemetery use with the county recorder. The land use must align with city or county rules, cannot involve unauthorized cemetery functions, and should not hinder future cemetery use. Districts can also lease the land to public agencies for recreation as long as they declare their cemetery plans. Finally, districts are not allowed to hold onto land that isn't needed for future cemetery needs.
Section § 9055
This law outlines the process for a district to transfer ownership of a cemetery to another cemetery authority. The district's board of trustees must first pass a resolution that includes details about the cemetery, the receiving authority, an evaluation of current and future finances, and the terms of the transfer.
The terms must ensure that the cemetery remains an endowment care cemetery, allow the district to make repairs if necessary, and include other conditions to protect public interest. The resolution is then sent to the county's board of supervisors, which holds a public hearing after giving proper notice to the community.
If the transfer is protested by at least 50% of voters or property owners, it is halted. Otherwise, the supervisors may approve the transfer. If approved, the district can proceed with transferring the cemetery under the agreed terms.
Section § 9056
This section explains how a district in California can dedicate its real estate or property interests to another public agency, like for new roads or utility lines. First, the district's board must pass a resolution that lays out the property details, the other agency it's going to, and terms & conditions. They also need to confirm that the property hasn't been used for burials and is not needed for cemetery purposes. Then, a public hearing must be held with adequate notice given in newspapers and posted in public places. If they decide to go ahead, they must sign and send a deed to the other agency, and the dedication is finalized when it's recorded with the county.