The Cemetery & Mortuary Association of California
Legislative Summary - Summer 2002

From the CMAC Interment Reporter Summer 2002

  

Until the budget is passed, nothing else is likely to happen. When the budget battle is over, the committees will get back to work on the following bills:

AB 1139, Thomson: Death Certificates
This bill would require that a certificate of death include information indicating whether the decedent was pregnant at the time of death or within the year prior to the death.
Status: In the Judiciary Committee

AB 2031, Canciamilla: Funeral Processions
This bill amends the Vehicle Code to permit local authorities to issue an identification card and badge to someone directing traffic for a funeral procession. It requires that a city and county government authority (in an area where the population exceeds 100,000) authorize the regulation of traffic for a funeral procession, including that:

  • Each funeral escort be identified with a card, patch or badge authorizing them to direct traffic;

  • Each vehicle in the funeral procession be clearly marked with a funeral sticker and have headlights activated;

  • There be one funeral escort for every 12 cars; and

  • That funeral escorts receive at least 30 hours of formal training.

Background:
This bill extends legislation passed in 1998 that piloted these requirements in LA County.

AB 2031 continues the program and makes it permanent statewide.
Status: In Senate Transportation Committee

AB 2550, Nation: Electronic Death Registration
This bill would require that on or before January 1, 2005, the CA Department of Health Services would implement an electronic death registration service.
Sponsor: CFDA
Status: Bill set for hearing in Senate Judiciary Committee, August 6

SB 17, Figueroa: Cemeteries, Human remains
This bill would:

  • Require all cemeteries for which a certificate of authority is required and all crematories that are licensed, to be supervised by a manager that has passed a written examination;

  • Require the bureau to inspect the books, records, and premises of any cemetery for which a certificate of authority from the bureau is required including access to all books, records, buildings, mausoleums, columbariums, and storage areas during specified times; and

  • Require that the bureau conduct at least one annual unannounced inspection of a cemetery for which a certificate of authority is required.

This bill would prohibit a person from engaging in the business of, acting as, or advertising as, a cemetery or crematory manager without a license from the bureau.

The bill redefines the penalty as greater than a misdemeanor by specifying that punishment be up to one year in county jail and/or up to $10,000:

  • For depositing or disposing of human remains except in a cemetery;

  • For failing to intern a corpse within a reasonable period;

  • For failing to furnish or to furnishing false information affecting specified certificates or records; and

  • To willfully alter or knowingly possess altered documents or to falsify a birth certificate, death certificate, or marriage certificate.

Status: Bill is in Assembly Appropriations Committee

SB 1455, Johannessen: Northern CA Veterans Cemetery
This bill increases the amount of the grant that the State of CA may apply for from the federal Department of Veterans Affairs to $7 million from $6 million.
Status: In Assembly Appropriations Committee with hearing set for August 7

SB 1457, McPherson: Central Coast Veterans Cemetery
This bill would require the Department of Veterans Affairs to work with the Monterey County Board of Supervisors to design develop and construct a state-owned and state-operated Central Coast Veteran Cemetery to be located at the former Fort Ord.
Status: In Assembly Committee on Appropriations

SB 1952, Figueroa: Cemetery and Funeral Bureau
This bill implements the recommendations of the Joint Legislative Sunset Review Committee. The bill would:

  • Require the cemetery to provide a copy of the consumer guide prior to drafting a contract with the consumer;

  • Increase the delinquency fee for failure to renew a cemetery or crematory license by 150%;

  • Require exempt funeral establishments to file an annual declaration of non-reporting status;

  • Require the bureau to conduct a study on the need to regulate 3rd party casket retailers;

  • Require the bureau to conduct a study on the need for regulation of proprietary employees of religious corporations, churches, religious societies and religious denominations; and

  • Change the examination fee from the Bureaus’ actual costs to no more than $500 for the crematory manager exam and $900 for the cemetery manager exam.

Status: In Assembly Committee on Appropriations

  

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