2008 Summary of Legislation

• AB 1911 Galgiani (Chapter 490, Statutes of 2008)
  
  1. Disclosure of disciplined license(s) - Any individual holding or named on a license/registration administratively disciplined by the Bureau within 10 years must disclose this information to the licensed manager/broker of a funeral establishment/cemetery/crematory/broker when employed by or seeking employment with a licensed funeral establishment, cemetery, crematory, or cemetery broker. Failure to do so will result in disciplinary action. The notified manager/broker then has 30 days to notify the Bureau, on a specified Bureau form, of the employment of said individual. Failure to do so shall result in a warning. (Adds Business and Professions Code Sections 7636 and 9615).
  2. Change of cemetery ownership - Fifty percent (50%) or more change of ownership in a cemetery must be reported to the Bureau and a local county newspaper, including all owners/stockholders. Authority of ownership cannot be delegated, except to another Bureau licensee. Failure to adhere to requirements will result in suspension of the cemetery license by the Bureau. False information is subject to up to $25,000 in civil penalties. (Amends Health and Safety Code Section 8585).
• AB 1932 Smyth (Chapter 126, Statutes of 2008)
  
  1. Simi Valley Public Cemetery - Allows City of Simi Valley a Constitutional exemption to acquire, develop, and utilize 5 acres or more of land as a public cemetery. (Adds Health and Safety Code Section 8125.5).
• AB 2946 Hayashi (Chapter 504, Statutes of 2008)
  
  1. Cemetery Fund Quarterly fees - Reinstates the regulatory fee (up to $8.50) paid by cemeteries and crematories to the Bureau for each burial, entombment, inurnment, and cremation. (Amends Business and Professions Code Sections 9765 and 9786).
• SB 1225 Harman (Chapter 114, Statutes of 2008)
  
  1. Limited Liability Company (LLC) as a cemetery licensee - Modifies the Cemetery Act to allow the issuance of a Certificate of Authority (COA) to a LLC (current law requires a COA licensee to be a corporation). Requires LLC to provide a security for claims against COA, such as insurance, trust, or bond with a minimum value of $1,000,000 and a maximum of $5,000,000 (amount varies depending on number of employees). (Adds Business and Professions Code Section 9653.5; amends Health and Safety Code Sections 7018 and 8252).
  2. Restrictions on LLC's as licensees - Bureau licensees (FDR, CEB, etc) providing services to LLC are prohibited from having any ownership interest in the LLC COA. Discovery of any prohibited licensee with an ownership interest allows Bureau to suspend COA license, with reinstatement only upon divestiture of interest or voluntary surrender of license(s). (Adds Business and Professions Code Section 9653.6).
• SB 1135 Ducheny (Chapter 545, Statutes of 2008)
  
  1. Cemetery Endowment Care Trust Funds - Doubles current amount(s) required to be deposited into the Endowment Care Fund (ECF) at the time of, or not later than completion of, initial sale of a grave/niche/crypt; requires ECF deposit of $70 for each scattering of cremated remains in a cemetery garden or designated open area that is not an interment site. (Amends Health and Safety Code Section 8738).