2002 Summary of Legislation

• SB 17 Figueroa (Chapter 819, Statutes of 2002)
  
  1. Cemetery Manager License - Requires cemetery managers to be licensed and requires licensed cemeteries to be operated under the supervision of a licensed manager (Add BPC § 9715.1, effective 7/1/03). Prior Law - Cemetery managers at newly-licensed cemeteries were required to be examined but not licensed (CCR § 2326.1(a)).
  2. Crematory Manager License - Requires crematory managers to be licensed and requires crematories to be operated under the supervision of a licensed manager (Amend BPC § 9787, effective 7/1/03). Prior Law - Crematory managers were required to pass the Bureau's examination, but were not licensed (BPC § 9787, CCR § 2326.1(b)).
  3. Cemetery Manager Examination - Requires cemetery managers to successfully pass the Bureau's examination (Add BPC § 9715.1, effective 7/1/03). Prior Law - Cemetery managers at newly-licensed cemeteries were required to be examined (CCR § 2326.1(a)).
  4. Cemetery Inspections - Authorizes the Bureau to inspect cemeteries, and requires the Bureau to conduct a surprise inspection of every licensed cemetery once a year. Authorizes the Bureau to have complete access to books, records, and the premises of licensed cemeteries for the inspections. Refusal to allow an inspection is cause for disciplinary action (Add BPC §§ 9721, 9722 effective 7/1/03). Prior Law - The Bureau had no explicit inspection authority, and no inspection mandate.
  5. Authorization to Cremate - Requires crematories to obtain written authorization from the HSC § 7100 authority prior to performing a cremation (Amend HSC § 7111). Prior Law - Cemeteries only were required to obtain written authorization to cremate.
  6. Enhanced Criminal Penalties - Provides for up to one year in jail, a $10,000 fine, or both for Bureau licensees or their employees or agents, or for persons engaged in unlicensed activity who:
     
     1. Deposit or dispose of human remains in any place except in a cemetery (Amend HSC § 7054).
     2. Do not inter within a reasonable time (Amend HSC § 7103).
     3. Furnish false information on a death certificate or disposition permit (Amend HSC § 103775).
     4. Knowingly alter or falsify a death certificate (Amend HSC § 103780).
     Prior Law - Violations by any individual were simple misdemeanors only.
• SB 1952 Figueroa (Chapter 825, Statutes of 2002)
  
  1. Declaration of Non-Reporting Status - Requires funeral establishments that are exempt from filing annual preneed trust reports to annually file a declaration of non-reporting status with the Bureau (Add BPC § 7746). Prior Law - No requirement. Bureau requested funeral establishments to voluntarily file the declaration.
  2. Delinquent Fees - Establishes a delinquent renewal fee for cemetery, crematory, cemetery broker, cemetery salesperson, and cremated remains disposers [150% of the renewal fee, but not less than the renewal fee plus $25] (Amend BPC §§ 9731, 9747, 9750.5). Prior Law - No delinquency fee for cemeteries or crematories. Other delinquency fees were capped at the smaller of $25 or 1/2 of the renewal fee.
  3. Cemetery Manager and Crematory Manager Licenses - Prior Law - No provision to license. Crematory managers were required to be examined but not licensed, and cemetery managers at newly licensed cemeteries were required to be examined and qualified, but not licensed.
     
     1. Defines cemetery manager (Add BPC § 9605.1) and crematory manager (Add BPC § 9605.2). Prior Law - Not defined.
     2. Includes cemetery manager in the definition of "cemetery licensee" (Amend BPC §9607). Crematory manager is included in the existing definition of "crematory licensee" (BPC § 9607.5), since the crematory manager license provisions are under Article 8 of the chapter.
     3. Requires a licensed cemetery to employ a cemetery manager (Add BPC § 9723) and a crematory to employ a crematory manager (Add BPC § 9787.2), and specifically:
        Subsection (a) - requires designation of a licensed manager, and notification to the Bureau of any change
        Subsection (b) - holds the designated manager responsible for exercising direct supervision and control over the operations, employees, agents as is necessary to ensure compliance with the law
        Subsection (c) - authorizes employment of additional licensed individuals, but only allows one licensed person to be designated as the manager.
     4. Authorizes licensed cemeteries within close geographic proximity of each other to share licensed managers upon approval by the Bureau (Add BPC § 9723).
     5. Establishes licensing qualifications for cemetery manager (Add BPC § 9723.1) and crematory manager (Add BPC § 9787.3). Applicants must be at least 18 years of age, possess a high school diploma (or equivalent), successfully pass the Bureau's examination.
     6. Existing cemetery managers and crematory managers - Until July 1, 2004, applicants who demonstrate that they have, prior to January 1, 2003, successfully passed the Bureau's cemetery or crematory manager examination, may be issued a license. After July 1, 2004, all applicants must apply for and pass the examination to obtain a cemetery or crematory manager license.
     7. Prohibits unlicensed practice as a cemetery manager (Add BPC § 9732.2) or a crematory manager (Add BPC § 9787.4). Prohibits a licensed manager from practicing without being employed by, or being a corporate officer, or partner, or owner of a licensed cemetery or crematory.
     8. Fees - Cemetery manager (Add BPC § 9764.2) and Crematory manager (Add BPC § 9764.1). Prior Law - No fees for either examination.
        (1) Establishes an examination and re-examination fee of $900 (maximum) for cemetery manager, and $500 (maximum) for crematory manager
        (2) Establishes a license fee and renewal of $100 (maximum)
        (3) Establishes a fee of $50 (maximum) for filing a report of a change of designated manager (Add BPC § 9764.3).
  4. Interment & Cremation Fee - Continues the $8.50 interment and cremation fee until December 31, 2007 (Amend BPC §§ 9765, 9786). Prior Law - Repealed the fees on April 1, 2003.
  5. Studies - Requires the Bureau to conduct studies, and report to the JLSRC by September 1, 2004 on:
     
     1. The need to regulate proprietary employees of religious corporations, churches, religious societies and denominations at exempt religious cemeteries (Add BPC § 9610)
     2. The need to regulate third-party casket retailers (Add BPC § 7612).
  6. Consumer Guide - Requires a licensed cemetery or cemetery licensee to provide a copy of the Bureau's Consumer Guide to Funeral and Cemetery Purchases to the consumer prior to drafting a contract for cemetery goods or services. The law makes no distinction between preneed and at need purchases (Amend BPC § 9663). Prior Law - Required a licensed cemetery to prominently display and make available to consumers a copy of the Consumer Guide.