BILL ANALYSIS Ó SB 1179 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1179 (Vidak) - As Amended June 6, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Local Government | |9 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 Page 4