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California Association of Public Cemeteries

CAPC has an active legislative program which includes:
• Reviewing proposed legislation (bills) that affects public cemetery
• Taking positions of support or opposition on appropriate bills.
• Providing up-to-date legislative information to public cemetery districts.

Legislative Update (Provided by California Special Districts Association)

CAPC submitted the following clarifing legislation (Senate Bill 113) to the "Public Cemetery District Law" which has passed and became law on January 1, 2010:

SEC. 75.3.  Section 9002 of the Health and Safety Code is amended to read:   9002.  The definitions in Chapter 1 (commencing with Section 7000)of Part 1 of Division 7 apply to this part. Further, as used in thispart, the following terms have the following meanings:  

(a)  "Active militia" means the active militia as defined bySection 120 of the Military and Veterans Code.  

(b)  "Armed services" means the armed services as defined bySection 18540 of the Government Code.  

(c)  "Board of trustees" means the legislative body of a district.  

(d)  "District" means a public cemetery district created pursuantto this part or any of its statutory predecessors.  

(e)  "Family member" means any spouse, by marriage or otherwise,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 anyperson denoted by the prefix "grand" or "great," or the spouse of anyof these persons.  

(f)  "Firefighter" means a firefighter as defined by Section1797.182.  

(g) "Interment right" means the right to use or control the use ofa plot, niche, or other space, authorized by this part, for theinterment of human remains.  

(h) "Nonresident" means a person who does not reside within adistrict or does not pay property taxes on property located in adistrict.  

(i) "Peace officer" means a peace officer as defined by Section830 of the Penal Code.  

(j) "Principal county" means the county having all or the greaterportion of the entire assessed value, as shown on the last equalizedassessment roll of the county or counties, of all taxable propertywithin a district.  

(k) "Voter" means a voter as defined by Section 359 of theElections Code.

Section 9066 of the Health and Safety Code is amended to read:   

9066.  The board of trustees shall cause the principal of theendowment care fund to be invested and reinvested in any of thefollowing:  

(a)  Securities and obligations designated by Section 53601 of theGovernment Code.  

(b)  Obligations of the United States or obligations for which thefaith and credit of the United States are pledged for the payment ofprincipal and interest. These shall not be limited to maturity datesof one year or less.  

(c)  Obligations issued under authority of law by any county,municipality, or school district in this state for which are pledgedthe faith and credit of that county, municipality, or school districtfor the payment of principal and interest, if within 10 yearsimmediately preceding the investment that county, municipality, orschool district was not in default for more than 90 days in thepayment of principal or interest upon any legally authorizedobligations issued by it.  

(d)  Obligations of the State of California or those for which thefaith and credit of the State of California are pledged for thepayment of principal and interest.  

(e)  Interest-bearing obligations issued by a corporationorganized under the laws of any state, or of the United States,provided that they bear a Standard and Poor's financial rating of AAAat the time of the investment.  

(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 InsuranceCorporation.    

(g)  Investment certificates or shares in any state or federallychartered savings and loan association insured by the Federal Savingsand Loan Insurance Corporation.    

SEC. 75.5.    Section 9067 of the Health andSafety Code is amended to read:  

9067.  The board of trustees may withdraw the principal and incomeof the endowment care fund and the endowment income fund on depositin the county treasury and cause the funds to be invested in the securities                          and obligations designated by Section 9066 and by Section 53601 of the GovernmentCode.

Section 9074 ofthe Health and Safety Code is amended to read:  

9074.  (a) A district may accept any grants, goods, money,property, revenue, or services from any federal, state, regional, orlocal agency or from any person for any lawful purpose of thedistrict.  

(b) Except as provided by Section 9077, all moneys received orcollected by a district shall be paid into a separate fund in thecounty treasury on or before the 10th day of the month following themonth in which the district received or collected the money.  

(c) In addition to any other existing authority, a district may borrow money and incur indebtedness pursuant to Article 7 (commencingwith Section 53820), Article 7.5 (commencing with Section 53840),Article 7.6 (commencing with Section 53850), and Article 7.7(commencing with Section 53859) of Chapter 4 of Part 1 of Division 2of Title 5 of the Government Code.

Section 9078 of the Health and Safety Code is amended to read:

9078.  A district may, by resolution, establish a revolving fundpursuant to Article 15 (commencing with Section 53950) of Chapter 4of Part 1 of Division 2 of Title 5 of the Government Code. Themaximum amount of the revolving fund shall not exceed either of thefollowing:   (a) One thousand dollars ($1,000) if the purpose of the revolvingfund is to make change and pay small bills directly.   (b) One hundred ten percent of one-twelfth of the district'sadopted budget for the current fiscal year, if the purpose of therevolving fund is to pay any authorized expenditures of the district.