2021 Summary of Legislation - Effective January 1, 2022 * (Unless otherwise noted)
AB 293KALRA (CHAPTER 514, STATUTES OF 2021)
1. Preneed Funeral Arrangements: unclaimed property
This bill has a delayed implementation date of January 1, 2023. This bill establishes procedures for when and how preneed funeral arrangements that are not claimed upon the beneficiary’s death should escheat to the state under the Unclaimed Property Law. This bill requires a funeral establishment that intends to cease operations to provide notice to beneficiaries or trustors and trustees of preneed funeral trusts, with certain requirements. (Amends Business and Professions Code section 7737 and adds sections 7737.1 and 7737.2. Adds Civil Procedure Code section 1518.5 and amends sections 1520 and 1560)
AB 496 CHEN (CHAPTER 118, STATUTES OF 2021)
1. Cremation of veterans with the United States flag
This bill authorizes a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The new law exempts a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag. (Amends Health and Safety Code section 8344.5)
AB 651 GIPSON (CHAPTER 442, STATUTES OF 2021)
1. Endowment care cemeteries: examination, investigation, and discipline
This bill increases the minimum dollar amount that must be deposited into a cemetery endowment care trust fund. This bill also provides that, in the absence of a court-appointed temporary manager, a county may assume responsibility for the maintenance of a cemetery if the cemetery manager of a private cemetery has surrendered their license or has had their license suspended or revoked. Lastly, this bill requires the Bureau to examine a cemetery’s endowment care fund whenever the Bureau receives a valid complaint alleging financial misconduct or neglect of duties. (Amends Business and Professions Code sections 7612.11, 7613.1, and 7653.9, and adds section 7688. Amends Health and Safety Code section 8738)
AB 830 FLORA (CHAPTER 378, STATUTES OF 2021)
1. Professions and Vocations
As it relates to the Bureau, this bill amends Health and Safety Code section 8726.2(b)(3) to require a cemetery that wishes to convert its endowment care fund from a net income distribution method to a unitrust distribution method to demonstrate sufficient knowledge and expertise in investing and managing an endowment care fund generally, rather than only a fund utilizing the unitrust distribution method. (Amends Health and Safety Code section 8726.2)
