2003 Summary of Legislation

• SB 363 Figueroa (Chapter 874, Statutes of 2003)
  
  1. Inspections - Authorizes the Bureau to additionally inspect the premises where human remains are stored (Amend Section 7607 of the Business and Professions Code). Prior Law - Authorized the Bureau to inspect the premises where the business of a funeral director is conducted or embalming is practiced.
  2. Funeral Establishment: temporary license - Provides that a temporary license issued by the Bureau when a funeral establishment is left as a part of an estate is valid for six months, and may be extended to allow for the assets of the estate to be distributed (Amend Section 7631 of the Business and Professions Code).
  3. Embalming - Requires human remains embalmed "in or at the direction of" a funeral establishment must be embalmed by a licensed embalmer or apprentice embalmer (Amend Sections 7632 of the Business and Professions Code). Prior Law - Required human remains embalmed "in" a funeral establishment must be embalmed by a licensed embalmer or apprentice embalmer.
  4. Surrender Human Remains - adds refusal to promptly surrender personal effects, and any Death Certificate or Permit for Disposition as a ground for disciplinary action (Amend Section 7706 of the Business and Professions Code), and a misdemeanor (Amend Section 7053 of the Health and Safety Code). Prior Law - Refusal to promptly surrender human remains is a ground for disciplinary action; and detaining for a charge, or failure to release human remains is a misdemeanor.
  5. Cemetery Contracts - Adds "the space and location sold" to the requirements for contracts for interment plots or any service or merchandise sold by a cemetery authority, cemetery broker or salesperson (Amend Section 8277 of the Health and Safety Code). Prior Law - Requires that specified items must be included and disclosed on contracts.
  6. Technical corrections and conforming amendments - Corrects references to the Health and Safety Code (Amend Section 7649 of the Business and Professions Code); the license renewal cycle (Amend Section 7725 of the Business and Professions Code); the Bureau (Amend Section 9653 of the Business and Professions Code). Technical, conforming cleanup to AB 408 (Chapter 305, Statutes of 2001) which requires the licensure of all crematories (Amend Sections 9719, 9768, 9788, and Add Section 9781.5 to the Business and Professions Code).

• AB 205 Goldberg (Chapter 421, Statutes of 2003)
  
  1. "The California Domestic Partner Rights and Responsibilities Act of 2003" Registered Domestic Partners - Extends the rights and duties of a surviving spouse to persons registered with the Secretary of State as domestic partners on and after January 1, 2005 (Amended Section 297 of the Family Code and added Section 297.5). Although Section 7100 of the Health and Safety Code was not amended to include registered domestic partners, they must now be recognized the same as a surviving spouse.

2002 Summary of Legislation