Section § 9040

Explanation

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.

(a)CA Health & Safety Code § 9040(a)  A district may own, operate, improve, and maintain cemeteries and provide interment services within its boundaries.
(b)CA Health & Safety Code § 9040(b)  A district shall maintain the cemeteries owned by the district.
(c)CA Health & Safety Code § 9040(c)  The district that owns a cemetery shall have exclusive jurisdiction and control over its maintenance and management.

Section § 9041

Explanation

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.

A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this part, including, but not limited to, all of the following powers:
(a)CA Health & Safety Code § 9041(a)  To sue and be sued.
(b)CA Health & Safety Code § 9041(b)  To acquire by purchase, eminent domain, grant, gift, lease, or other lawful means, any real property within the district or any personal property that may be necessary or proper to carry out the purposes and intent of this part.
(c)CA Health & Safety Code § 9041(c)  To sell, lease, or otherwise dispose of any real or personal property. A board of trustees may exchange equivalent properties if the board determines that the exchange is in the best interests of the district.
(d)CA Health & Safety Code § 9041(d)  To donate any surplus real or personal property to any public agency or nonprofit organizations.
(e)CA Health & Safety Code § 9041(e)  To engage necessary employees, to define their qualifications and duties, and to provide a schedule of compensation for performance of their duties.
(f)CA Health & Safety Code § 9041(f)  To engage counsel and other professional services.
(g)CA Health & Safety Code § 9041(g)  To enter into and perform all necessary contracts.
(h)CA Health & Safety Code § 9041(h)  To borrow money, give security therefore, and purchase on contract, as provided in this part.
(i)CA Health & Safety Code § 9041(i)  To adopt a seal and alter it at pleasure.
(j)CA Health & Safety Code § 9041(j)  To adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code.
(k)CA Health & Safety Code § 9041(k)  To adopt and enforce rules and regulations for the administration, maintenance, operation, and use of cemeteries.
( l)  To enter joint powers agreements pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(m)CA Health & Safety Code § 9041(m)  To provide insurance pursuant to Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.
(n)CA Health & Safety Code § 9041(n)  To provide training to trustees that will assist in the governance of the district.
(o)CA Health & Safety Code § 9041(o)  To appoint one or more advisory committees to make recommendations for the ownership, improvement, expansion, and the operation of cemeteries owned by the district and the provision of interment services.
(p)CA Health & Safety Code § 9041(p)  To take any and all actions necessary for, or incidental to, the powers expressed or implied by this part.

Section § 9042

Explanation

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.

(a)CA Health & Safety Code § 9042(a)  When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 and Article 7 (commencing with Section 65400) of Chapter 1 of Division 1 of Title 7 of the Government Code.
(b)CA Health & Safety Code § 9042(b)  When disposing of surplus land, a district shall comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.

Section § 9043

Explanation

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.

(a)CA Health & Safety Code § 9043(a)  A district shall have perpetual succession.
(b)CA Health & Safety Code § 9043(b)  A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to change the name of the district. The name shall contain the words “public cemetery district” or “cemetery district.” The resolution shall comply with the requirements of Chapter 23 (commencing with Section 7530)  of Division 7 of Title 2 of the Government Code. Within 10 days of its adoption, the board of trustees shall file a copy of its resolution with the Secretary of State, the county clerk, the board of supervisors, and the local agency formation commission of each county in which the district is located.
(c)CA Health & Safety Code § 9043(c)  A district may destroy a record, paper, or document pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code, unless the board of trustees determines that there is a need for its retention. In determining whether there is a need for retaining a document, the board of trustees shall consider future public need, the effect on statutes of limitation, and historical significance. This subdivision does not apply to records of interments that are governed by Section 9064.

Section § 9044

Explanation

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.

(a)CA Health & Safety Code § 9044(a)  Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall adopt these policies and procedures by rule or regulation pursuant to Article 7 (commencing with Section 54201) of Chapter 5 of Division 2 of Title 5 of the Government Code.
(b)CA Health & Safety Code § 9044(b)  A district may request the Department of General Services to make purchases of materials, equipment, or supplies on its behalf pursuant to Section 10298 of the Public Contract Code.
(c)CA Health & Safety Code § 9044(c)  A district may request the purchasing agent of the principal county to make purchases of materials, equipment, or supplies on its behalf pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3 of the Government Code.
(d)CA Health & Safety Code § 9044(d)  A district may request the purchasing agent of the principal county to contract with persons to provide projects, services, and programs authorized by this part pursuant to Article 7 (commencing with Section 25500) of Chapter 5 of Division 2 of Title 3 of the Government Code.

Section § 9045

Explanation
This section states that the Myers-Milias-Brown Act, which deals with labor relations, applies to all districts. Additionally, a board of trustees can create an employee relations system, like a civil service or merit system, to manage how employees are hired, promoted, and disciplined.
(a)CA Health & Safety Code § 9045(a)  The Myers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts.
(b)CA Health & Safety Code § 9045(b)  A board of trustees may adopt an ordinance establishing an employee relations system that may include, but is not limited to, a civil service system or a merit system.

Section § 9046

Explanation

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.

A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds.

Section § 9047

Explanation

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.

A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter 2 (commencing with Section 53200) of Part 1 of Division 2 of Title 5 of the Government Code.

Section § 9048

Explanation

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).

A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their actual and necessary traveling and incidental expenses while on official business. The payment of expenses pursuant to this section may be in addition to the payments made pursuant to Section 9031.

Section § 9049

Explanation

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.

A district may sell interment rights in its cemeteries, columbariums, and mausoleums, subject to the limitations of this part.

Section § 9050

Explanation

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.

(a)CA Health & Safety Code § 9050(a)  A district may acquire, construct, improve, maintain, or repair a columbarium for the placement of cremated remains.
(b)CA Health & Safety Code § 9050(b)  A district shall comply with the Mausoleum and Columbarium Law, Part 5 (commencing with Section 9501).
(c)CA Health & Safety Code § 9050(c)  A district that sells interment rights in a columbarium shall require a deposit to be made in the endowment care fund pursuant to Section 9065.

Section § 9051

Explanation

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.

(a)CA Health & Safety Code § 9051(a)  A district may acquire, maintain, or repair a mausoleum for crypt entombment that was completed on or before May 1, 1937. A district may construct additions to the mausoleum.
(b)CA Health & Safety Code § 9051(b)  Notwithstanding subdivision (a), the Visalia Public Cemetery District may acquire and manage the mausoleum originally constructed by the City of Visalia in 1965.
(c)CA Health & Safety Code § 9051(c)  Notwithstanding subdivision (a), the Arroyo Grande Cemetery District may allow a private mausoleum, as defined by Section 9504.5. The cost of construction and maintenance shall be completely borne by the person or persons for whom the private mausoleum is constructed. That person or persons shall contribute to a special care trust fund an amount of money that, when invested, will provide a return sufficient to assure adequate maintenance of the private mausoleum. The district shall not use public funds to construct, maintain, or repair a private mausoleum.
(d)CA Health & Safety Code § 9051(d)  Notwithstanding subdivision (a), a district may allow a private mausoleum, as defined by Section 9504.5, if the mausoleum was completed on or before January 1, 2003.
(e)CA Health & Safety Code § 9051(e)  A district shall comply with the Mausoleum and Columbarium Law, Part 5 (commencing with Section 9501).

Section § 9052

Explanation

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.

(a)CA Health & Safety Code § 9052(a)  A district may require that monuments or markers shall be placed at interment plots.
(b)CA Health & Safety Code § 9052(b)  A district may adopt minimum requirements for the permanency of monuments or markers.
(c)CA Health & Safety Code § 9052(c)  A district may cause to be purchased and placed suitable permanent monuments or markers at the interment plots of indigents, persons whose estates are insufficient to pay for the monuments or markers, or persons who have no responsible survivors to pay for the monuments or markers. A district may accept gifts or donations for the exclusive purpose of purchasing and placing these monuments or markers.
(d)CA Health & Safety Code § 9052(d)  A district, a member of the board of trustees, a district officer, or a district employee shall not engage in the business of selling monuments or markers.

Section § 9053

Explanation

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.

A district may sell accessory and replacement objects that are necessary or convenient to interments, including but not limited to burial vaults, liners, and flower vases, but excluding monuments or markers.

Section § 9054

Explanation

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.

(a)CA Health & Safety Code § 9054(a)  A district may use or lease land acquired for a future cemetery for an enterprise if all of the following conditions apply:
(1)CA Health & Safety Code § 9054(a)(1)  The district has filed with the county recorder a declaration of intention to use the land for a cemetery.
(2)CA Health & Safety Code § 9054(a)(2)  The amount of land is reasonably necessary for the district’s future requirements.
(3)CA Health & Safety Code § 9054(a)(3)  The enterprise is consistent with the applicable regulations of the city or county in which the land is located.
(4)CA Health & Safety Code § 9054(a)(4)  The enterprise does not permit the conduct of funeral or cemetery functions not authorized by this part.
(5)CA Health & Safety Code § 9054(a)(5)  The enterprise does not prevent the future use of the land as a cemetery.
(b)CA Health & Safety Code § 9054(b)  A district may lease land acquired for future cemetery use to a public agency for recreational use, provided that the district has filed with the county recorder a declaration of intention to use the land for a cemetery.
(c)CA Health & Safety Code § 9054(c)  Nothing in this part authorizes a district to acquire or retain real property that is not reasonably necessary for the district’s future requirements.

Section § 9055

Explanation

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.

(a)CA Health & Safety Code § 9055(a)  A district may convey a cemetery owned by the district to any cemetery authority, pursuant to this section.
(b)CA Health & Safety Code § 9055(b)  The board of trustees of a district that proposes to convey a cemetery owned by the district to a cemetery authority shall adopt a resolution of intention that contains:
(1)CA Health & Safety Code § 9055(b)(1)  A description of the cemetery that the district proposes to convey.
(2)CA Health & Safety Code § 9055(b)(2)  The name of the cemetery authority to which the district proposes to convey the cemetery.
(3)CA Health & Safety Code § 9055(b)(3)  An appendix that reports the cemetery’s current assets and current liabilities and contains a reasonable projection of the district’s ability to finance the ownership, improvement, expansion, and operation of the cemetery in the future.
(4)CA Health & Safety Code § 9055(b)(4)  The terms and conditions of the proposed conveyance. The terms and conditions shall require all of the following:
(A)CA Health & Safety Code § 9055(b)(4)(A)  The cemetery authority maintain the cemetery as a endowment care cemetery pursuant to Sections 8738 and 8738.1.
(B)CA Health & Safety Code § 9055(b)(4)(B)  Appropriate consideration, as determined by the board of trustees.
(C)CA Health & Safety Code § 9055(b)(4)(C)  A restriction in the deed that conveys the cemetery to the cemetery authority that will permit the district or another public agency as the district’s successor in interest to enter the cemetery and perform any repairs, restoration, or maintenance that the district or its successor deems necessary to protect the public interest, and will require the cemetery authority to reimburse the district or its successor for those costs.
(D)CA Health & Safety Code § 9055(b)(4)(D)  Any other terms and conditions that the board of trustees determines to be necessary to protect the public interest in the cemetery.
(5)CA Health & Safety Code § 9055(b)(5)  A declaration that the proposed conveyance is in the public interest and in the best interests of the district.
(c)CA Health & Safety Code § 9055(c)  The board of trustees shall send its resolution of intention to the board of supervisors of the principal county.
(d)CA Health & Safety Code § 9055(d)  Within 60 days of receiving a resolution of intention adopted pursuant to subdivision (b), the board of supervisors shall hold a public hearing on the proposed conveyance. The board of supervisors shall give notice of its hearing by publishing a notice pursuant to Section 6064 of the Government Code in at least one newspaper of general circulation within the jurisdiction of the district with the first day of publication at least 30 days before the hearing. The board of supervisors shall post the public notice in at least three public places within the jurisdiction of the district, at least 30 days before the hearing. One of the public places shall be at the cemetery that the district proposes to convey, and one of the public places shall be at the offices of the district. In addition, the board of supervisors shall mail the notice at least 30 days before the hearing to the district, the cemetery authority, and any other person who has filed written request for notice with the clerk of the board of supervisors.
(e)CA Health & Safety Code § 9055(e)  At its hearing, the board of supervisors shall receive and consider any written or oral comments regarding the proposed conveyance of the cemetery. At the conclusion of the hearing, the board of supervisors shall make a finding regarding the value of written protests filed and not withdrawn and take one of the following actions:
(1)CA Health & Safety Code § 9055(e)(1)  If the written protests filed and not withdrawn are at least 50 percent of the registered voters of the district or property owners owning at least 50 percent of the assessed value of the land within the district, the board of supervisors shall adopt a resolution that terminates the proceedings to convey the cemetery.
(2)CA Health & Safety Code § 9055(e)(2)  If the written protests filed and not withdrawn are less than 50 percent of the registered voters of the district or property owners owning less than 50 percent of the assessed value of the land within the district, the board of supervisors may by a four-fifths vote adopt a resolution that concurs in the conveyance of the cemetery to the cemetery authority.
(f)CA Health & Safety Code § 9055(f)  The board of supervisors shall send copies of its resolution adopted pursuant to subdivision (e) to the district and the cemetery authority.
(g)CA Health & Safety Code § 9055(g)  If the board of supervisors adopts a resolution that concurs in the proposed conveyance of the cemetery, the board of trustees may order the conveyance of the cemetery to the cemetery authority, subject to the terms and conditions set by the board of trustees and concurred in by the board of supervisors.

Section § 9056

Explanation

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.

(a)CA Health & Safety Code § 9056(a)  A district may dedicate real property or an interest in real property owned by the district to another public agency for use as roads or utility rights-of-way, including but not limited to water, sewer, drainage, gas or electricity transmission, or communications purposes, pursuant to this section.
(b)CA Health & Safety Code § 9056(b)  The board of trustees of a district that proposes to dedicate real property or an interest in real property owned by the district to another public agency shall adopt a resolution of intention that contains:
(1)CA Health & Safety Code § 9056(b)(1)  A description of the real property or interest in real property.
(2)CA Health & Safety Code § 9056(b)(2)  The name of the public agency to which the district proposes to dedicate the property.
(3)CA Health & Safety Code § 9056(b)(3)  The terms and conditions, including any consideration, of the proposed dedication.
(4)CA Health & Safety Code § 9056(b)(4)  Findings, based on substantial evidence in the record:
(A)CA Health & Safety Code § 9056(b)(4)(A)  That the real property has never been used for interments.
(B)CA Health & Safety Code § 9056(b)(4)(B)  That no interment rights have been sold or leased for the real property.
(C)CA Health & Safety Code § 9056(b)(4)(C)  That the district does not need the property for cemetery purposes.
(5)CA Health & Safety Code § 9056(b)(5)  A statement of the reason or reasons for the proposed dedication.
(6)CA Health & Safety Code § 9056(b)(6)  A declaration that the proposed dedication is in the public interest and in the best interests of the district.
(c)CA Health & Safety Code § 9056(c)  Within 60 days of adopting a resolution of intention pursuant to subdivision (b), the board of trustees shall hold a public hearing on the proposed dedication. The board of trustees shall give notice of its 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 board of trustees 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 real property that the district proposes to dedicate, and one of the public places shall be at the offices of the district. In addition, the board of trustees shall mail the notice at least 10 days before the hearing to the other public agency and any other person who has filed written request for notice with the board of trustees.
(d)CA Health & Safety Code § 9056(d)  If the board of trustees adopts a resolution that dedicates the real property to another public agency, the board of trustees shall promptly execute a deed of dedication and send the deed to the other public agency. The dedication is effective when the other public agency records the deed of dedication with the county recorder of the county in which the real property is located.