BILL NUMBER: SB 1135	CHAPTERED  09/28/08

	CHAPTER  545
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  MAY 27, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  MAY 21, 2008
	AMENDED IN SENATE  APRIL 30, 2008
	AMENDED IN SENATE  MARCH 4, 2008

INTRODUCED BY   Senator Ducheny

                        JANUARY 31, 2008

   An act to amend Section 8738 of the Health and Safety Code,
relating to cemeteries.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1135, Ducheny. Cemeteries: endowment trust funds.
   Existing law, the Cemetery Act, which is administered by the
Cemetery and Funeral Bureau, provides for the regulation of private
cemeteries, including any cemetery that establishes an endowment care
fund or a special care trust fund. Under existing law, an endowment
care cemetery is defined as one which has deposited in its endowment
care fund at the time of or not later than completion of the initial
sale specified minimum amounts for plots sold or disposed of.
   This bill would increase the minimum amounts for each plot sold or
disposed of that an endowment care cemetery is required to deposit
in its endowment care trust fund, as prescribed.


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

  SECTION 1.  Section 8738 of the Health and Safety Code is amended
to read:
   8738.  An endowment care cemetery is one which has deposited in
its endowment care fund the minimum amounts heretofore required by
law and shall hereafter have deposited in its endowment care fund at
the time of or not later than completion of the initial sale not less
than the following amounts for plots sold or disposed of:
   (a) Four dollars and fifty cents ($4.50) a square foot for each
grave.
   (b) Seventy dollars ($70) for each niche.
   (c) Two hundred twenty dollars ($220) for each crypt; provided,
however, that for companion crypts, there shall be deposited two
hundred twenty dollars ($220) for the first crypt and one hundred ten
dollars ($110) for each additional crypt.
   (d) Seventy dollars ($70) for the cremated remains of each
deceased person scattered in the cemetery at a garden or designated
open area that is not an interment site subject to subdivision (a).