BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1179  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1179  
          (Vidak) - As Amended June 6, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill establishes a process for public cemetery districts to  
          allow an owner of an interment right to transfer that right to  
          successors. Specifically, this bill:








                                                                    SB 1179  


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          1)Allows an owner of an interment right to designate in writing  
            the person or persons who may be interred in the plot to which  
            the owner holds the interment right.


          2)Requires an owner of an interment right to designate, at the  
            time of purchase, a successor owner or owners of the interment  
            right in a signed written designation deposited with the  
            district.


          3)Allows a surviving spouse, registered domestic partner, child,  
            parent, or heir who has an interment right to waive the right  
            in favor of any other relative of the deceased owner or spouse  
            of a relative of the deceased owner.


          4)Requires a person who purports to be the successive owner of  
            an interment right to execute a written affidavit under  
            penalty of perjury.


          5)Provides that when a public cemetery district acts to transfer  
            ownership rights or make an interment on the basis of a  
            written affidavit described in (4), the district will not be  
            liable for any claims asserted in any action unless the  
            district had actual knowledge that the facts stated in the  
            written affidavit were false.


          FISCAL EFFECT:


          Any additional administrative costs to public cemetery districts  
          should minor and absorbable, and thus are not likely to result  
          in any state reimbursable mandated costs.









                                                                    SB 1179  


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          COMMENTS:


          1)Background. A public cemetery district is a form of special  
            district that provides cemetery and interment services and is  
            financed with public dollars (e.g., taxes, fees, and  
            assessments) and generates additional revenue by selling  
            burial plots to residents living within the district.  Each  
            public cemetery district is governed by a board of trustees,  
            and sets the fees for burial rights sold in the district.   
            Once the purchaser pays the fee, the purchaser receives an  
            interment right.  In most cases, an individual who purchases a  
            burial right is either buying the plot for a decedent  
            themselves. 


          2)Purpose. An issue arises when the purchaser of the plot ends  
            up not using it. Currently, if the purchaser of the burial  
            right dies and is not buried in the plot, there is no  
            mechanism for the interment right to be passed on to living  
            heirs. This bill seeks to clarify the rights underneath an  
            interment right, and provides the groundwork for passing on an  
            interment right to successors by allowing a purchaser to  
            transfer the right to a named successor on a designation form,  
            or through a testamentary instrument.  This bill also requires  
            that when a named successor comes forward to claim the  
            interment right, the successor must execute an affidavit to  
            confirm his or her ownership.  


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081














                                                                    SB 1179 


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