California

SAVING GRAVES

 

2003-2004
CEMETERY LEGISLATION

 

SB 341 - Public Cemetery District Law
     TextStatus
History

SB 18 - Native American Sacred Sites
     TextStatus
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
TextStatus,  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)
     TextStatusHistory

AB 1476 - State Park System
TextStatus
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.)


BACK