BILL NUMBER: AB 124	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Galgiani
   (Coauthor: Senator Denham)

                        JANUARY 15, 2009

   An act to add Section 9723.3 to the Business and Professions Code,
relating to cemeteries, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 124, as introduced, Galgiani. Cemeteries: temporary manager.
   Existing law, the Cemetery Act, provides for the licensing and
regulation of certain private cemeteries by the Cemetery and Funeral
Bureau. Existing law requires all cemeteries for which a certificate
of authority is required to be supervised by a licensed cemetery
manager, and prohibits a person from engaging in the business of,
acting as, or advertising as, a cemetery manager without a license
from the bureau and without being employed, by, or a corporate
officer of, a licensed cemetery.
   This bill would, notwithstanding any other provision of law,
authorize a court of competent jurisdiction, based upon the court's
finding that a licensed cemetery manager has ceased to perform his or
her duties due to a lapse, suspension, surrender, abandonment, or
revocation of his or her license, to appoint a temporary manager to
manage the property of, and certain services provided by, the
licensed cemetery, as provided, for a limited term of 6 months or
until a new licensed manager is hired. The bill would permit the
court to authorize the payment of reasonable compensation for the
temporary manager's services, to be paid by the trustees from
available income from the cemetery's endowment care fund, and, if
appropriate, available income from the cemetery's special care funds,
as provided.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 9723.3 is added to the Business and Professions
Code, to read:
   9723.3.  (a) Notwithstanding any other provision of law, based
upon a finding by a court of competent jurisdiction that a cemetery
manager has ceased to perform his or her duties, as described in
subdivision (a) of Section 9605.1, due to a lapse, suspension,
surrender, abandonment, or revocation of his or her license, the
court may appoint a temporary manager to manage the cemetery property
and to service the prepaid interments of the licensed cemetery. The
court shall appoint a licensed cemetery manager as the temporary
manager.
   (b) The appointed temporary manager shall have the same powers
over the care and maintenance of the licensed cemetery as a licensed
cemetery manager, as described in subdivision (a) of Section 9605.1.
The temporary manager shall serve for a limited term not to exceed
six months, or until a new licensed manager has been hired, at which
time the court shall terminate appointment of the temporary manager.
   (c) The court may authorize the payment of reasonable compensation
for the temporary manager's services, which shall be paid by the
trustees from available income from the cemetery's endowment care
fund, and, if appropriate, from available income from the cemetery's
special care funds. In exercising its discretion pursuant to this
subdivision, the court shall give due consideration to the ability of
the trust fund income to otherwise pay for care and maintenance of
the cemetery.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent the prolonged absence of management of certain
private cemeteries, and to ensure the public health and safety of
the communities in which those private cemeteries are located at the
earliest possible time, it is necessary that this act take effect
immediately.