2012 Summary of Legislation - Effective January 1, 2013*
SB 323 VARGAS (CHAPTER 419, STATUTES OF 2012 - EFFECTIVE JANUARY 1, 2014)*
1. California Revised Uniform Limited Liability Company Act
Repeals the current Beverly-Killea Limited Liability Company Act as of January 1, 2014 and replaces it with the California Revised Uniform Limited Liability Company Act, which relates to the formation and operation of limited liability companies. (Change specific to the Bureau is in Cemetery law: Business and Professions Code Section 9653.6 (b) from Corporations Code Section 17375 to Section 17701.04).
SB 661 LIEU (CHAPTER 354, STATUTES OF 2012)
1. Crime: picketing
Makes it a crime for a person to picket/protest one hour prior to, and one hour after, a funeral; exception for private property. (Adds Penal Code Section 594.37).
SB 1099 WRIGHT (CHAPTER 295, STATUTES OF 2012)
Unless a good cause is provided, or a later date is prescribed, instead of taking effect 30 days after filing with Secretary of State regulation/repeal now takes effect on a quarterly basis: January 1 (filed September 1 to November 30), April 1 (filed December 1 to February 29), July 1 (filed March 1 to May 31), October 1 (filed June 1 to August 31); Internet posting requirements added. (Amends Government Code Sections 11343, 11343.4, 11344, and Health & Safety Code Section 116064).
SB 1131 LA MALFA (CHAPTER 65, STATUTES OF 2012)
1. Public cemetery districts: interments
Allows for a limited amount of nonresident interments in the Cottonwood Cemetery District in Shasta County, the Anderson Cemetery District in Shasta County, and the Silveyville Cemetery District in Solano County with the payment of a nonresident fee. (Amends Health and Safety Code 9063.9).
AB 374 HILL (CHAPTER 364, STATUTES OF 2012)
1. Funeral directors and embalmers
Allows an applicant to proceed with the assignment of a funeral establishment license by requesting approval from the Bureau to post and maintain a bond in an amount equal to 50 percent greater than the corpus of the trust guaranteeing the payment of any shortages in the establishment's trust funds in the absence of an unqualified audit due to estate matters or litigation. (Amends Business and Professions Code Section 7630).
AB 1225 COMMITTEE ON VETERANS AFFAIRS (CHAPTER 774, STATUTES OF 2012)
1. Cemeteries; veteran's commemorative property
Requires any person or entity, except a municipal corporation, who owns/controls a cemetery with veteran's commemorative property [monument, headstone, marker, memorial, plaque, statue, vase, urn, flagholder, badge, or shield] to petition the county superior court prior to selling/trading/transferring any or all of said veteran's commemorative property. Sales of new veteran's commemorative property preneed or at need not prohibited. (Adds Health and Safety Code Sections 8122, 8123, 8124).
AB 1588 ATKINS (CHAPTER 742, STATUTES OF 2012)
1. Professions and vocations: reservist licensees: fees and continuing education
If a licensee/registrant is called to active duty in the US Armed Forces or CA National Guard while his or her license is current, the renewal fees for the period of their active duty service will be waived upon receipt of substantiating written documentation, including notifying the Bureau within 60 days of receiving his or her notice of discharge. Licensee/registrant may not practice in any activities outside military service requiring a license during the waiver period. (Adds Business and Professions Code Section 114.3).
AB 1777 MA (CHAPTER 79, STATUTES OF 2012)
1. Disposition of cremated remains
Cremated remains may be transferred from a durable container into a scattering urn [closed container containing cremated remains that will dissolve and release its contents within four hours of being placed at sea] no more than seven days before scattering the cremated remains at sea from a boat. (Adds Health and Safety Code Section 7117.1).
AB 1806 COOK (CHAPTER 722, STATUTES OF 2012)
1. Veteran interment: veteran's remains organizations/Burial with Honor Act of 2012
Requires county public administrator to determine if referred unclaimed remains are those of a veteran or their dependent and if so, to work with the county veteran service officer (if necessary) to obtain information related to their service, and report such information to the Department of Veterans Affairs; the Department will create and maintain a list of the unclaimed remains which will be available to representatives of veterans' remains organizations. (Adds Sections 951.5, 955 to Military and Veterans Code).
AB 1904 BLOCK (CHAPTER 399, STATUTES OF 2012)
1. Professions and vocations: military spouses: expedited licensure
Requires the expedited licensure of an applicant currently licensed in another state who supplies satisfactory evidence that they are the spouse/domestic partner of an active duty Armed Forces member officially stationed in CA. (Adds Business and Professions Code Section 115.5).
AB 2570 HILL (CHAPTER 561, STATUTES OF 2012)
1. Licensees: settlement agreements
Prohibits a Department of Consumer Affairs (DCA) licensee from including a provision in a civil settlement preventing the opposing party from contacting, filing a complaint with, or cooperating with DCA, or requiring them to withdraw a complaint already filed. (Adds Business and Professions Code Section 143.5).
*Unless otherwise noted