BILL ANALYSIS �
AB 1225
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1225 (Veterans Affairs Committee)
As Amended August 16, 2012
Majority vote
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|ASSEMBLY: |75-0 |(January 30, |SENATE: |38-0 |(August 21, |
| | |2012) | | |2012) |
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Original Committee Reference: B.,P. & C.P.
SUMMARY : Establishes requirements for the sale, trade or
transfer of all or any part of a veteran's commemorative
property (Property), if certain conditions are met.
The Senate amendments :
1)Delete the definition of "bureau."
2)Revise the definition of "veteran's commemorative property" to
remove the condition that the Property be 50 years old.
3)Expand the prohibition of selling, trading, or transferring
Property from a person or entity that owns or controls a
cemetery with Property, to any person or entity.
4)Require 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 county superior court, instead
of the Cemetery and Funeral Bureau (Bureau) for permission to
sell, trade or transfer all or any part of the Property.
5)Authorize the county superior court, instead of the Bureau, to
approve the sale, trade or transfer of the Property under
certain conditions.
6)Make technical and conforming changes related to a petition's
filing and approval with the superior county court instead of
the Bureau.
7)Expand the list of who the Property can be donated to, to
include a historical organization, a civic organization, or
individual, in addition to a veteran's organization.
AB 1225
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8)Provide that nothing in this bill shall be construed to
prohibit a cemetery corporation or funeral establishment from
selling new Property on either an at-need or pre-need basis.
9)Delete the Bureau's authority to adopt regulations and approve
petitions pursuant to this bill.
AS PASSED BY THE ASSEMBLY , this bill authorized the sale, trade
or transfer of all or any part of a Property, if certain
conditions are met.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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.
The author amended this bill in the Senate to reduce costs by
requiring the superior court, instead of the Bureau, to approve
the sale, trade or transfer of Property, and to clarify that a
cemetery corporation or funeral establishment may continue to
sell new Property.
This bill as amended in the Senate, is consistent with Assembly
actions.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0005186