BILL NUMBER: SB 1490	CHAPTERED  09/22/06

	CHAPTER  401
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	PASSED THE ASSEMBLY  AUGUST 23, 2006
	AMENDED IN ASSEMBLY  AUGUST 21, 2006
	AMENDED IN SENATE  MAY 26, 2006
	AMENDED IN SENATE  MAY 18, 2006
	AMENDED IN SENATE  APRIL 20, 2006
	AMENDED IN SENATE  APRIL 6, 2006

INTRODUCED BY   Senator Ducheny
   (Coauthors: Senators Figueroa, Florez, and Scott)
   (Coauthor: Assembly Member Garcia)

                        FEBRUARY 23, 2006

   An act to add Sections 9611, 9612, and 9613 to the Business and
Professions Code, relating to cemeteries.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1490, Ducheny  Cemetery regulation.
   Existing law establishes the Cemetery and Funeral Bureau within
the Department of Consumer Affairs and sets forth its powers and
duties, including, but not limited to, licensing and regulating a
cemetery manger, salesperson, or broker, and requires the bureau to
provide specified information about its licensees on its Internet Web
site.
   This bill would require the bureau to disclose additional
information regarding cemeteries on its Internet Web site.
   Existing law establishes certain requirements for administration
of private endowment care cemeteries and establishes maintenance and
investment requirements applicable to the endowment care trust funds.

   This bill would require the bureau to adopt regulations that
establish minimum standards of maintenance for endowment care
cemeteries under its jurisdiction. The bill would require the bureau
to obtain information from each of its licensees to determine if the
endowment care fund levels of the licensee's cemetery are sufficient
to cover the cost of future operation. The bill would require the
bureau to report its findings and recommendations to the Legislature
by January 1, 2008.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9611 is added to the Business and Professions
Code, to read:
   9611.  The bureau shall disclose on its Web site information about
each cemetery subject to the jurisdiction of the bureau. In addition
to the information required by Section 27, the bureau shall disclose
the name of the owner of each cemetery, the name of the cemetery,
the business address of the cemetery owner, and the physical address
of the cemetery.
  SEC. 2.  Section 9612 is added to the Business and Professions
Code, to read:
   9612.  Notwithstanding Section 8115 of the Health and Safety Code,
in order to protect consumers, the bureau shall adopt regulations
that establish minimum standards of maintenance for endowment care
cemeteries under the jurisdiction of the bureau. The regulations
shall consider differences in cemetery size, location, topography,
and type of interments. The regulations shall also consider the
extent to which funds are available from the cemetery's endowment
care funds to perform maintenance.
   The standards established pursuant to this section shall not
supersede any standards of a higher level of care established
pursuant to Section 8115 of the Health and Safety Code.
  SEC. 3.  Section 9613 is added to the Business and Professions
Code, to read:
   9613.  (a)  The bureau shall survey each of its licensees to
obtain information to determine if the endowment care fund levels of
the licensee's cemetery are sufficient to cover the cost of future
operation. The bureau shall also review the levels of endowment care
funds that have previously been reported pursuant to this chapter by
licensed cemeteries.
   (b) The bureau shall report its findings and recommendations to
the Legislature by January 1, 2008.