BILL NUMBER: AB 1615	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 8, 2012

   An act to amend Section 9615 of the Business and Professions Code,
relating to cemeteries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1615, as introduced, Miller. Cemeteries.
   Existing law, the Cemetery Act, provides for the licensure and
regulation of cemeteries, crematories, and their personnel by the
Cemetery and Funeral Bureau within the Department of Consumer
Affairs. Existing law requires a person who has had a license or
registration under the jurisdiction of the bureau revoked, suspended,
placed on probation, or surrendered under a stipulated decision,
within the immediately preceding 10 years, and who is employed by or
who seeks employment with, a licensed cemetery, a licensed crematory,
or a licensed cemetery broker to so inform the cemetery manager,
crematory manager, or cemetery broker, respectively, as defined.
   This bill would make a nonsubstantive change to the latter
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9615 of the Business and Professions Code is
amended to read:
   9615.  (a) (1) Any person who holds or has held, or was named on,
any license or registration under the jurisdiction of the bureau that
has been, within the immediately preceding 10 years, revoked,
suspended, placed on probation, or surrendered under a stipulated
decision, and who is employed by, or who seeks employment with, a
licensed cemetery, a licensed crematory, or a licensed cemetery
broker in any capacity, shall inform the licensed cemetery manager,
the licensed crematory manager, or the licensed cemetery broker of
that revocation, suspension, probation, or surrender.
   (2) A person subject to this subdivision shall inform the licensed
cemetery manager, the licensed crematory manager, or the licensed
cemetery broker upon application for employment by completing a form
that shall be made available by the bureau.
   (b) The cemetery manager, crematory manager, or cemetery broker
who is informed pursuant to subdivision (a) shall notify the bureau
by submitting the form within 30 days  of  
following  being so informed. Failure of the cemetery manager,
crematory manager, or cemetery broker to notify the bureau shall be a
cause for a warning. A cemetery manager, crematory manager, or
cemetery broker shall not be subject to a warning if his or her
failure to notify the bureau is due to a false statement made by an
employee.
   (c) Any person required to notify the cemetery manager, crematory
manager, or cemetery broker under subdivision (a) who fails to do so
or who makes a false statement on the required form shall be subject
to disciplinary action if that person is a licensee of the bureau, or
that failure or false statement shall be cause for denial of a
license under Section 480.
   (d) For purposes of subdivision (a), the term "named on" applies
to a person who was an owner, partner, or corporate officer of an
entity that was licensed or registered under the act at the time that
entity's license or registration under the act was revoked,
suspended, placed on probation, or surrendered.