BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 124
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 124 (Galgiani)
        As Amended  June 18, 2009
        2/3 vote.  Urgency
         
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        |ASSEMBLY:  |77-0 |(March 23,      |SENATE: |40-0 |(June 29, 2009)       |
        |           |     |2009)           |        |     |                      |
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         Original Committee Reference:    B. & P.  

         SUMMARY  :  Authorizes a court to appoint a temporary manager to  
        manage a private cemetery if the court finds that the previous  
        cemetery manager has ceased to perform his or her duties, as  
        specified.  

         The Senate amendments  specify that 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, and the court shall give due  
        consideration to the ability of the cemetery income to otherwise  
        pay for the care and maintenance of the cemetery.

         EXISTING LAW  :

        1)Establishes the Cemetery and Funeral Bureau (Bureau) under the  
          Department of Consumer Affairs for the purpose of licensing and  
          regulating private cemeteries.

        2)Defines a "cemetery manager" as a person engaged in the maintenance,  
          operation, or improvement of a licensed cemetery, and involved in  
          the interring of human remains, and the care, preservation, and  
          embellishment of cemetery property.

        3)Requires every licensed cemetery to employ a licensed cemetery  
          manager to manage, supervise, and direct its operations.

        4)Prohibits a person from engaging in the business of, acting as, or  
          advertising as a cemetery or crematory manager without a license  
          from the Bureau.

        5)Authorizes the Bureau to revoke the license of any cemetery licensee  
          and the certificate of authority of any cemetery when certain  
          conditions are met, as specified.








                                                                AB 124
                                                                Page  2

        6)Authorizes the Bureau to bring a court action to enforce the law  
          subject to its jurisdiction.

        7)Authorizes the Bureau to serve as conservator of cemetery endowment  
          care funds when certain conditions are met.

         AS PASSED BY THE ASSEMBLY  , this bill authorized a court to appoint a  
        temporary manager to manage a private cemetery if the court finds that  
        the previous cemetery manager has ceased to perform his or her duties,  
        as specified.  
         
        FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal.

         COMMENTS  :   This bill is substantially similar to the version approved  
        by the Assembly.

         Analysis Prepared by  :    Rebecca May / B. & P. / (916) 319-3301 FN:   
        0001506