BILL NUMBER: SB 1179 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2016
INTRODUCED BY Senator Vidak
FEBRUARY 18, 2016
An act to amend Section 9002 of, and to add Chapter 5.5
(commencing with Section 9069.10) to Part 4 of Division 8 of, the
Health and Safety Code, relating to cemeteries.
LEGISLATIVE COUNSEL'S DIGEST
SB 1179, as amended, Vidak. Public cemetery districts: interment
rights.
Existing law, the Public Cemetery District Law, specifies the
procedures for the formation of public cemetery districts, procedures
for the selection of the district board of trustees and officers,
and the powers and duties of the board. Existing law authorizes a
public cemetery district to sell "interment rights",
rights, " defined as the right to use
or control the use of a plot, niche, or other space in a public
cemetery district for interment of human remains. Existing law
provides for the succession of an interment plot in a private
cemetery.
This bill would expand modify the
definition of "interment rights" to to, among
other things, specify that those rights are a form of personal
property rights held by the owner to determine, among other things,
the number and identity of any person or persons to be interred in
the plot, niche, crypt, or other space for the interment of
human remains plot within a public cemetery. The
bill would require the owner of an interment right, at the time of
purchase, to designate a successor owner or owners in a signed
writing written designation deposited
with the cemetery district, as specified. The bill would provide the
order of succession that would apply, if the owner dies without
making that written designation or a valid and enforceable
disposition of the interment right in a testemary
testamentary device.
The bill also would provide the circumstances and process under
which human remains may be disinterred, reinterred, or removed from a
public cemetery district after interment, and would specify the
records required to be maintained by the public cemetery district and
the person removing and relocating the human remains. The bill would
require a person who purports to be the successor owner of an
interment right to execute a written statement,
affidavit, under penalty of perjury, that includes
specified information regarding his or her claim of successorship,
and would provide that a district or district employee or trustee are
not liable for claims, losses, or damages resulting from
transferring an interment right in reliance on that
statement, affidavit, except as provided.
By expanding the scope of the crime of perjury, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9002 of the Health and Safety Code is amended
to read:
9002. The definitions in Chapter 1 (commencing with Section 7000)
of Part 1 of Division 7 apply to this part. Further, as used in this
part, the following terms have the following meanings:
(a) "Active militia" means the active militia as defined by
Section 120 of the Military and Veterans Code.
(b) "Armed services" means the armed services as defined by
Section 18540 of the Government Code.
(c) "Board of trustees" means the legislative body of a district.
(d) "District" means a public cemetery district created pursuant
to this part or any of its statutory predecessors.
(e) "Domestic partner" means two adults who have chosen to share
one another's lives in an intimate and committed relationship of
mutual caring, and are qualified and registered with the Secretary of
State as domestic partners in accordance with Division 2.5 of the
Family Code.
(f) "Family member" means any spouse, by marriage or otherwise,
domestic partner, child or stepchild, by natural birth or adoption,
parent, brother, sister, half-brother, half-sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first
cousin, or any person denoted by the prefix "grand" or "great," or
the spouse of any of these persons.
(g) "Firefighter" means a firefighter as defined by Section
1797.182.
(h) (1) "Interment right" means the rights held by the owner to
use or control the use of a plot, niche, crypt, or other
space, plot authorized by this part, for the
interment of human remains, including both of the following rights:
(A) To determine the number and identity of any person or persons
to be interred in the plot, niche, crypt, or other space for
the interment of human remains plot within a
cemetery in conformance with all applicable regulations adopted by
the cemetery district.
(B) To control the placement, design, wording, and removal of
memorial markers in compliance with all applicable regulations
adopted by the cemetery district.
(2) An interment right is a form of personal property, and is
governed by Chapter 5.5 (commencing with Section 9069.10).
(i) "Nonresident" means a person who does not reside within a
district or does not pay property taxes on property located in a
district.
(j) "Peace officer" means a peace officer as defined by Section
830 of the Penal Code.
(k) "Principal county" means the county having all or the greater
portion of the entire assessed value, as shown on the last equalized
assessment roll of the county or counties, of all taxable property
within a district.
(l) "Voter" means a voter as defined by Section 359 of the
Elections Code.
SEC. 2. Chapter 5.5 (commencing with Section 9069.10) is added to
Part 4 of Division 8 of the Health and Safety Code, to read:
CHAPTER 5.5. INTERMENT RIGHTS
9069.10. An interment right does not include the right for
disinterment of human remains except on consent of the cemetery
district and the written consent of the surviving spouse, child,
parent, or sibling, in that order of priority.
9069.15. (a) This chapter does not apply to, or prohibit, the
removal of remains from one plot to another in the same cemetery or
the removal of remains by a cemetery district upon the written order
of any of the following:
(1) The superior court of the county in which the cemetery is
located.
(2) The coroner having jurisdiction of the location of the
cemetery.
(3) The health department having jurisdiction of the cemetery.
(b) The cemetery district shall maintain a duplicate copy of an
order pursuant to subdivision (a).
(c) The cemetery district shall retain a true and correct record
of a removal of remains pursuant to subdivision (a) that includes all
of the following:
(1) The date the remains were removed.
(2) The name and the age at death of the person whose remains were
removed if available.
(3) The cemetery and plot from which the remains were removed.
(4) (A) If the removed remains are reinterred, the plot number,
cemetery name, and location to which the remains were reinterred.
(B) If the removed remains are disposed of other than by being
reinterred, a record of the alternate disposition.
(5) If the removed remains are reinterred at the cemetery, the
date of reinterment.
(d) The person making the removal shall deliver to the cemetery
district operating the cemetery from which the remains were removed a
true, full, and complete copy of the record containing all of the
information specified in subdivision (c).
9069.20. (a) An interment right is the sole and separate property
of the person listed as the owner in the records of the cemetery
district, subject to any written declaration
designation to the contrary signed by the owner and deposited
with the cemetery district, or pursuant to a valid will or
trust, or as directed by a superior court of competent jurisdiction
in a probate proceeding.
(b) The owner of record of an interment right may designate in
writing the person or persons, other than the owner of record, who
may be interred in the plot, niche, or mausoleum
plot to which the owner holds the interment right.
(c) The owner of an interment right shall, at the time of
purchase, designate a successor owner or owners of the interment
right in a signed writing written designation
deposited with the district if those successors are qualified
by this part to own interment rights in the district.
(d) Use of an interment right transferred from the owner to a
successor pursuant to subdivision (c) shall be made in compliance
with applicable provisions of state and local law, and of applicable
requirements or policies established by the district board of
trustees.
9069.25. (a) If the owner of an interment right dies without
making a valid and enforceable disposition of the interment right in
a testamentary device, or by a written designation pursuant to
subdivision (c) of Section 9069.20, the successor to the interment
right shall be determined pursuant to subdivision (b) or as directed
by a superior court of competent jurisdiction in a probate
proceeding.
(b) The priority order of succession is as follows:
(1) First, to a The competent
surviving spouse or registered domestic partner.
(2) To either of the following:
(A) A sole surviving competent adult child.
child of the deceased owner.
(B) If there is more than one competent adult child,
child of the deceased owner, the majority of the
surviving competent adult children. However, less than the majority
of the surviving competent adult children shall be vested with the
rights and duties of this section if they have
used reasonable effort to notify all other surviving competent adult
children of their instructions and are not aware of any opposition to
those instructions by any surviving competent adult children.
(3) To the surviving competent parent or parents of the
deceased owner. If one surviving competent parent is absent,
the remaining competent parent shall be vested with the rights
and duties pursuant to this section after
reasonable efforts have been unsuccessful in locating the absent
surviving competent parent.
(4) Either of the following:
(A) To the sole surviving competent adult sibling of the
deceased owner.
(B) If there is more than one surviving competent adult
sibling, sibling of the deceased owner, then to
the majority of the surviving competent adult siblings. However, less
than the majority of competent adult siblings of the deceased
owner shall be vested with the rights and duties
pursuant to this section if they have used reasonable
efforts to notify all other surviving competent adult siblings of
their instructions and are not aware of any opposition to those
instructions by any surviving competent adult sibling.
(5) If no spouse, child, parent, or sibling survives, the
interment right may be used in the order of death first,
to the spouse of any child of the record owner and second,
in the order of death to the deceased owner.
(6) To the next heirs at law of
the deceased owner or the spouse of any heir at law.
(6) The spouse of any deceased child of the owner.
(c) A surviving spouse, registered domestic partner, child, or
heir who has an interment right pursuant to this section may waive
that interment right in favor of any other relative of the deceased
owner or spouse of a relative of the deceased owner.
9069.30. For purposes of this chapter, the following definitions
apply:
(a) "Adult" means an individual who has attained 18 years of age.
(b) "Child" means a natural or adopted child.
(c) An individual is "competent" if he or she has either not been
declared incompetent by a court of law or has been declared competent
by a court of law following a declaration of incompetence.
9069.35. When a public cemetery district acts to transfer
ownership rights or make an interment on the basis of the
declaration, affidavit, given under penalty of
perjury pursuant to Section 9069.40, the district, and any employee
or trustee of the district, shall not be liable for any claims,
losses, or damages asserted in any action unless the district had
actual knowledge that the facts stated in writing are false.
9069.40. A person who purports to be the successor owner of an
interment right shall execute a written statement,
affidavit declaring, under penalty of perjury, all of the
following:
(a) He or she is the person entitled to succeed to the interment
right pursuant to Section 9069.25.
(b) He or she has exerted all reasonable efforts to find other
persons who may have an equal or higher claim to succeed to the
interment right.
(c) He or she is unaware, to the best of his or her knowledge, of
any opposition challenging his or her right to succeed to the
interment right.
9069.45. Upon the sale to a person of a plot, niche,
crypt, or other space for interment plot in a
cemetery within a district, the district shall notify the purchaser,
in writing, of any interment rights, that this chapter governs the
succession of ownership of the interment rights, and the district's
duly adopted policies, rules, and regulations governing the use,
sale, or other transfer of interment rights.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.