California
SAVING GRAVES
2003-2004
CEMETERY LEGISLATION
SB
341 - Public Cemetery District Law
Text,
Status,
History
SB
18 - Native American Sacred Sites
Text,
Status,
History
BILL HIGHLIGHTS re: NATIVE AMERICAN SACRED PLACES
To bring an
action to prevent severe and or irreparable damage to,
or assure appropriate access for Native Americans to, a Native American
sanctified cemetery, place of worship, religious or ceremonial site, or sacred
shrine located on public
property, pursuant
to Section 5097.97. If the court finds that severe and or irreparable
damage will occur or that appropriate access will be denied, and appropriate
mitigation measures are not available, it shall issue an injunction, unless it
finds, on clear and convincing evidence, that the public interest and necessity
require otherwise. The Attorney General shall represent the commission and the
state in litigation concerning affairs of the commission, unless the Attorney
General has determined to represent the agency against whom the commission's
action is directed, in which case the commission shall be authorized to employ
other counsel. In any action to enforce the provisions of this subdivision the
commission shall introduce evidence showing that such cemetery, place, site,
or shrine has been historically regarded as a sacred or sanctified place by
Native American people and represents a place of unique historical and cultural
significance to an Indian tribe or community.
In order to stem the continuing loss of sacred sites as soon as possible, it
is necessary that this act go into effect immediately.
SB
1059 -
re: Cemetery Tax Exemption Form Filing
Text,
Status,
History
Amended
Text
Senate Committee Analyses
BILL HIGHLIGHTS re: TAX EXEMPTION FOR NON-PROFIT CEMETERIES
Nonprofit
cemeteries - There is a property tax exemption for nonprofit cemeteries. THIS
BILL would require the assessor annually to mail to the owner of such cemeteries
a notice that in order to maintain the exemption the property must continue to
be used for the exempt purpose, and that the owner has a duty to inform the
assessor if the property no longer qualifies for the exemption. (RTC 256.6)
Existing law, pursuant to a
constitutional mandate, exempts from property taxation property held or used
exclusively for nonprofit cemetery purposes, as specified. This bill would
require county assessors to annually notify, in the manner prescribed by the
State Board of Equalization, those assessees that claimed this exemption in the
prior fiscal year, as specified. This bill would also require that this notice
contain a separate form that queries assessees regarding the current status of
the property, as provided. This bill would also provide that if an assessee does
not return the query form, that assessee may be subject to an onsite inspection
of the property by the assessor. By requiring county assessors to provide this
additional notice, this bill would impose a state-mandated local program.
SENATE COMMITTEE VOTES
AYES
Cedillo, Poochigian, Alpert, Ashburn, Bowen
(There were
no NO votes or ABSENT or ABSTAINING votes.)
AB
207 - Vandalism (military monuments)
Text,
Status,
History
AB
1476 - State Park System
Text,
Status,
History
Amended
Text
Assembly Committee Analyses
BILL HIGHLIGHTS re: CEMETERIES/BURYING GROUNDS
Establishes state cultural reserves as those areas that preserve and protect the integrity of places that contain historic or prehistoric structures, villages, or settlements, archaeological features, ruins, artifacts, inscriptions made by humans, burial grounds, landscapes, hunting or gathering sites, or similar evidence of past human lives or cultures.
ASSEMBLY COMMITTEE VOTES
AYES
(The Good Guys)
Cohn, Bogh, Chavez, Frommer, Jerome, Horton, Koretz, Longville, Matthews,
Nakano, Pavley, Reyes, Richman, Ridley-Thomas, Samuelian, Strickland
NOES
(Remember these names)
Leslie, Canciamilla, La Malfa
(If the above links do not work properly, go to the Senate or Assembly website Legislation Search Site.)