Bill Text: CA AB124 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Cemeteries: temporary manager.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 83, Statutes of 2009. [AB124 Detail]

Download: California-2009-AB124-Chaptered.html

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BILL NUMBER: AB 124	CHAPTERED
	BILL TEXT

	CHAPTER  83
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 29, 2009
	PASSED THE ASSEMBLY  JULY 6, 2009
	AMENDED IN SENATE  JUNE 18, 2009
	AMENDED IN SENATE  JUNE 16, 2009

INTRODUCED BY   Assembly Member Galgiani
   (Coauthor: Assembly Member Krekorian)
   (Coauthor: Senator Denham)

                        JANUARY 15, 2009

   An act to add Section 9723.3 to the Business and Professions Code,
relating to cemeteries, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 124, Galgiani. Cemeteries: temporary manager.
   Existing law, the Cemetery Act, provides for the licensing and
regulation of certain private cemeteries by the Cemetery and Funeral
Bureau. Existing law requires all cemeteries for which a certificate
of authority is required to be supervised by a licensed cemetery
manager, and prohibits a person from engaging in the business of,
acting as, or advertising as, a cemetery manager without a license
from the bureau and without being employed by, or a corporate officer
of, a licensed cemetery.
   This bill would, notwithstanding any other provision of law,
authorize a court of competent jurisdiction, based upon the court's
finding that a cemetery manager of a private cemetery has ceased to
perform his or her duties due to a lapse, suspension, surrender,
abandonment, or revocation of his or her license, to appoint a
temporary manager to manage the property of, and certain services
provided by, the private cemetery, as provided, for a limited term of
6 months or until a new licensed cemetery manager is hired. The bill
would permit the court to authorize the payment of reasonable
compensation for the temporary manager's services, to be paid by the
trustees from available income from the cemetery, as provided.
   This bill would declare that it is to take effect immediately as
an urgency statute.



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

  SECTION 1.  Section 9723.3 is added to the Business and Professions
Code, to read:
   9723.3.  (a) Notwithstanding any other provision of law, based
upon a finding by a court of competent jurisdiction that a cemetery
manager of a private cemetery has ceased to perform his or her
duties, as described in subdivision (a) of Section 9605.1, due to a
lapse, suspension, surrender, abandonment, or revocation of his or
her license, the court may appoint a temporary manager to manage the
cemetery property and to service the prepaid interments of the
private cemetery. The court shall appoint a licensed cemetery manager
as the temporary manager.
   (b) The appointed temporary manager shall have the same powers
over the care and maintenance of the private cemetery as a licensed
cemetery manager, as described in subdivision (a) of Section 9605.1.
The temporary manager shall serve for a limited term not to exceed
six months, or until a new licensed manager has been hired, at which
time the court shall terminate the appointment of the temporary
manager.
   (c) 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. In exercising its
discretion pursuant to this subdivision, the court shall give due
consideration to the ability of the cemetery income to otherwise pay
for care and maintenance of the cemetery.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent the prolonged absence of management of certain
private cemeteries, and to ensure the public health and safety of
the communities in which those private cemeteries are located at the
earliest possible time, it is necessary that this act take effect
immediately.