BILL ANALYSIS �
AB 1225
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ASSEMBLY THIRD READING
AB 1225 (Veterans Affairs Committee)
As Amended January 24, 2012
Majority vote
BUSINESS & PROFESSIONS 8-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, Hill, | |Blumenfield, Bradford, |
| |Ma, Smyth | |Charles Calderon, Campos, |
| | | |Chesbro, Donnelly, Gatto, |
| | | |Hall, Hill, Ammiano, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Authorizes the sale, trade or transfer of all or any
part of a veteran's commemorative property (Property), if
certain conditions are met. Specifically, this bill :
1)Prohibits the purchase, sale or transfer of Property, unless
otherwise exempted.
2)Authorizes an unincorporated association, cemetery
corporation, or religious corporation, except a municipal
corporation, as specified, that owns or controls a cemetery
where any Property has been placed to petition the Cemetery
and Funeral Bureau (Bureau) for permission to sell, trade or
transfer all or any part of the Property.
3)Authorizes the Bureau to approve the sale, trade or transfer
of the Property under certain conditions.
4)Requires the Bureau to fix a date, time, and place of the
hearing, not exceeding 100 days after the petition is
received.
5)Requires the Bureau to render its decision in writing within
60 days of the hearing and forward a copy of the decision to
each person who appeared at the hearing.
6)Provides that an order or determination of the Bureau granting
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the petition may specify the manner in which the petitioner is
to use or apply the proceeds of the sale, trade, or transfer.
7)Provides that if the petitioner is an unincorporated
association or corporation subject to the Nonprofit
Corporation Law, as specified, the Bureau is authorized to
direct the petitioner to deposit the proceeds of the sale,
trade, or transfer in the permanent maintenance fund
maintained by the petitioner pursuant to the Nonprofit
Corporation Law.
8)Authorizes the Bureau to adopt any regulations related to
petitions, hearings, and procedures to further the purposes of
this bill.
9)Specifies that a person violating any provision of this bill
is guilty of a misdemeanor punishable by a fine of no less
than $100 or more than $1,000; by imprisonment in a county
jail for no less than 10 days or more than six months; or, by
both that fine and imprisonment; and, in addition is liable
for all costs, expenses, and disbursements paid or incurred by
the person prosecuting the case.
EXISTING LAW :
1)Establishes the Bureau within the Department of Consumer
Affairs.
2)Prohibits a cemetery owned and operated by a city, county, or
city and county from engaging in the business of selling
monuments or markers, and also prohibits the cemetery's
officers and employees who manage, operate, or otherwise
maintain the cemetery from engaging in the private business of
selling monuments or markets.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Costs of approximately $150,000 per year for the workload
associated with the requirement that the Bureau approve any
sales, trades, or transfers of commemorative property.
The bill currently requires the funding for this legislation
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to come from the State Funeral Directors and Embalmers Fund.
The correct funding source is the Cemetery Fund.
2)Under correctional realignment instituted in 2011, the
creation of new misdemeanors should be viewed in a new light.
Counties are taking on significant new responsibilities for
housing and supervising felons. New misdemeanors place
additional pressure on counties to identify additional
programs, including incarceration and probation, at a time
when jail and program space - and attendant staffing - will be
at a premium in many counties. While the fiscal and
programmatic consequences of most new misdemeanors are likely
to be relatively minor, any additional cumulative pressure on
realignment efforts merits careful consideration.
COMMENTS : According to the author, "In recent years, a market
has developed for veteran commemorative cemetery property. This
property includes monuments, headstones, markers, memorials, and
plaques. They have become very valuable in the antiques market,
and this has led to thieves stealing them from cemeteries. It
started with Civil War property but has progressed to include
property from the Vietnam War era. Additionally, some property
is targeted because of the metal contained in it and later sold
as scrap metal.
"This bill prohibits the unauthorized sale, purchase, or
transfer of any veteran commemorative cemetery property that is
over 50 years old if such property is currently placed or
located within a cemetery. The bill does allow authorized sales
of the property through the Bureau."
Metal theft has become increasingly common as prices for metals
have recently risen dramatically. Commonly stolen metals
include copper, aluminum, brass, and bronze. Thieves recently
stole copper plaques commemorating Veterans from a Long Beach
cemetery.
This bill seeks to prevent the theft of Property by making the
sale or transfer of these items illegal.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
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FN: 0003037